Tamil Nadu rejects Nalini's plea

(March 29, Chennai, Sri Lanka Guardian) The Tamilnadu government today rejected a plea of Nalini Sriharan, life convict in former Prime Minister Rajiv Gandhi assassination case, for premature release.

The decision was informed to the Madras High Court today after the government on 11 March told the court that it would take a decision on Nalini's premature release in two weeks. The government said it has sought additional details from the Prison Advisory Board (PAB) set up to consider Nalini's plea.

Amid high drama and huge expectations, the government furnished the advisory board's recommendations in the High Court on 11 March. Nalini, convicted in the Rajiv Gandhi assassination case, is serving life sentence and is in jail for about 19 years now.

A division bench of Justice Elipe Dharma Rao and Justice KK Sasidharan, after going through the report submitted by advocate-general PS Raman in a sealed cover, asked the government to take a decision on the matter expeditiously.

'Having created a hope, do not delay the final decision any further...' This seems to be the gist of the division bench's observations. However, it was not clear whether the bench was referring to a decision by the government on the matter or the premature release itself.

A four-member PAB had interviewed Nalini at Vellore on 20 January, and forwarded recommendations later. Backed by a positive report from the probation officer, who is the field official who makes spot visits and ascertains the societal impact of premature releases, the PAB is understood to have recommended the premature release of Nalini.

The assassinator had originally been sentenced to death. But that was reduced to a life sentence after Sonia Gandhi intervened and reasoned that Nalini had a baby daughter.

The State government has indicated that it would consult the Centre before taking any decision on Nalini's future.
Nalini, who was imprisoned in 1991, sought early release under provisions of the TN Prisons’ Act and 433A of CrPC, which allow a life convict to seek release after spending 14 years in jail.

Nalini was convicted on 16 counts of murder, and found guilty under Section 302 of Indian Penal Code on all counts. She was also convicted under Section 3 of TADA and Section 120-B of the IPC, dealing with conspiracy.

In September 2009, Nalini went on a hunger strike demanding that she be set free.