After wavering for a while, the Tamil Nadu Government finally decided to strongly oppose the early release petition filed by S Nalini, the prime convict in the Rajiv Gandhi assassination case. Nalini, now serving life sentence at the Vellore Central Prison, had filed a petition seeking premature release earlier this year after spending 17 years behind bars, claiming that her “good conduct” in prison be taken into account.
However, her plea was rejected by the State Advisory Board and the state Government’s Consultative Committee, which revealed that she had committed four offences while in prison. They did not provide details.
Jayakumar and Robert Payas, two other convicts jailed in connection with the same crime who had appealed with Nalini, were also denied an early release due to policy decisions, administrative reasons and the gravity of the crime committed, State Counsel informed the Madras High Court on Friday, referring to a court order that dismissed a similar plea by Nathuram Godse.
Responding to the trio’s contention that the State Advisory Board was not properly constituted, the State Counsel argued on behalf of the Home Secretary and ADGP (Prisons), explaining that the Advisory Board had made an informed decision based on parameters such as their “social history” and “degree of criminality”.
Their acts also caused “grave social unrest, shock and turmoil in the psyche of every Indian,” read the Government submission.
Justice S Nagamuthu has posted the case for further hearing on September 17, by which time the Centre has to file its affidavit as per his direction. Nalini’s lawyers will also file a counter to the State Counsel’s arguments that day.
Originally awarded the death sentence, it was due to the intervention of Congress president and Rajiv Gandhi’s widow Sonia Gandhi that Nalini’s sentence was commuted to life in 1999.