Rajiv Gandhi Assassination convict S Nalini to appear in-person before Madras HC to argue for parole

The Madras High Court today allowed a plea made by S Nalini, a convict in the Rajiv Gandhi Assassination case, to appear before the High Court in-person to argue for the grant of parole. Nalini has sought parole to make arrangements for her daughter’s wedding.

The Bench of Justices MM Sundaresh and M Nirmal Kumar today allowed Nalini’s plea for arguing her case personally after it was informed that she was unwilling to make her submissions through video conferencing instead. The State had made the suggestion to use video conference last week.

The Court has now directed that Nalini be produced before the Court on July 5, Friday at 2.15 pm. On a concern raised by Additional Public Prosecutor, Iyyapparaj, the Court also recorded that the State may take appropriate safety measures while escorting Nalini to the Court.

When the plea had come up before the Bench last week, the APP had voiced safety concerns that may arise if Nalini were allowed to appear personally before the Court. However, the Bench had observed that it cannot disregard Nalini’s plea altogether. The Bench had orally remarked,

“How can we stop her from appearing? She may engage a counsel or she may not, that is her choice… nothing wrong with that.”

In response, the APP had suggested that Nalini make her submissions through video conferencing facilities that can be made available for the hearing. The Court, however, expressed concern over whether Nalini would accede to the proposal.

Therefore, the Bench had opted to take a call on whether the proposal should be accepted after discerning Nalini’s view in the matter. Today the APP informed the Court that she had signed a letter expressing her disinclination to argue via video conferencing.

The Habeas Corpus Petition moved by Nalini highlights that she has been imprisoned for 27 years, during which period she has not once availed the option of ordinary leave. It is argued that as a life convict, she is entitled to ordinary leave for a one month period every two years.

Nalini also points out that representations made for her premature release under a 1994 State Government scheme has been pending approval before the Governor for around six months. In September 2018, the Tamil Nadu Government had made a request for her release, along with six other life convicts in the case, under the Scheme of Premature Release of Life Convicts, 1994. However, the Governor is yet to approve this request.

In this backdrop, Nalini has prayed that she be allowed to go on ordinary leave for a six month period in order to make wedding arrangements for her daughter. A representation containing this request was made to the Deputy Inspector General, Vellore last February. This representation was forwarded to the Tamil Nadu government, which is yet to respond to the same. A similar representation was also made by Nalini’s mother under the Tamil Nadu Suspension of Sentence Rules, 1982 last month, which has also not yielded any response till date.

This, in turn, prompted Nalini to approach the High Court for her short-term release. To this end, she has prayed,

“…. that the Hon’ble Court be pleased to issue a WRIT OF HABEAS CORPUS directing the respondents to produce the petitioner S Nalini…now confined as a life convict in Special Prison for Women, Vellore, before the Hon’ble Court and to release her on ordinary leave for a period of six months in accordance with law, and thus render justice.“

Image taken from here.

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