Madras High Court rejects Nalini Sriharan's plea for early release

The Madras High Court on Friday rejected Rajiv Gandhi assassination case convict Nalini Sriharan's plea for premature release.

In its order, a division bench, comprising Justices KK Sasidharan and R Subramanian, said that the court cannot interfere in the matter since the issue has been already seized of by the Supreme Court.

Nalini, who is presently serving a life sentence in the Vellore Central Prison, had challenged a court order that had allowed the Tamil Nadu government to consider her representation for premature release, subject to the outcome of the petition pending before the Supreme Court.

Nalini, who has spent over 25 years in prison, contended that the Tamil Nadu government had in 1994 framed a scheme under Article 161 of the Constitution to facilitate the release of life convicts who have served 20 years.

Opposing Nalini's early release, Tamil Nadu Advocate General Vijay Narayan said the present issue was completely covered by the judgment of the Supreme Court in the case of the petitioner herself.

The state had decided to release Nalini, but the Centre moved the Supreme Court on the grounds that Tamil Nadu could not take a call without the Centre's clearance as the case had been investigated by the CBI, he said. "The Supreme Court has passed an interim order against the state government and it is still pending. Therefore, the state cannot act now," he said.

Nalini had appealed to the state on February 22, 2014 seeking an early release. When her efforts didn't evoke any response, she moved the court, which had asked the state to take a call keeping in mind the outcome of her petition in the Supreme Court.

Upholding the single judge's order, the HC said Nalini will have to wait till the SC decides the matter.