In her petition, Nalini, who has served over 18 years in the Vellore prison, claimed she was required to complete 14 years of imprisonment to be entitled for premature release.
The Madras High Court today issued notice to the Tamil Nadu government on a petition filed by Nalini, a life convict in the Rajiv Gandhi assassination case, who has sought a premature release.
The notice, returnable in two weeks, was issued by justice P Jyothimani.
In her petition, Nalini, who has served over 18 years in the Vellore prison, claimed she was required to complete 14 years of imprisonment to be entitled for premature release under Section 433(A) of CrPC. Since June 18, 2005 she has been entitled for premature release, she contended.
She submitted that after she did not figure in the list of names for premature release in 2007, she had requested the state government to consider her name. However, this was rejected, after which she petitioned the High Court, which in its order on September 24 2008, had set aside the rejection order and told the government to reconsider her request.
A year had passed since that order and the government was still to constitute a fresh advisory board and take a decision on her plea for early release, she said.
Nalini and three others were first awarded the death penalty.
She contended that the governor had allowed a petition for clemency. On April 24, 2000 the state government issued an order, commuting the death penalty to life imprisonment.
She sought a direction to the government to constitute an advisory board in accordance with law and take a decision on her premature release in the light of the High Court orders. She also sought immediate release from jail, pending disposal of her petition.
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