Nalini plea to argue her own case for leave put off to June 18
In its brief order, the bench said petitioner filed an application inter alia stating that she would appear in person.
Chennai: The Madras high court has adjourned to June 18, the hearing on a petition filed by S.Nalini, serving life sentence in Vellore prison for women for her involvement in Rajiv Gandhi assassination case, which sought a direction to the prison authorities to produce her before the court to enable her to argue her case for releasing her on ordinary leave for 6 months for making arrangements for her daughter's marriage.
When the petition filed by Nalini came up for hearing on Tuesday, after a division bench comprising Justices M.M.Sundresh and M.Nirmal Kumar orally observed that her right to appear in person to argue her case cannot be curtailed, government advocate sought time to get instructions.
In its brief order, the bench said petitioner filed an application inter alia stating that she would appear in person. Counsel representing the petitioner informed the court that the petitioner wants to present her case in person. Government advocate seeks time to get instructions with respect to the security aspect that needs to be provided while escorting the petitioner to produce before this court. Post on June 18, the bench added.
In her petition, Nalini submitted that she made a request to the state government for her premature release under 1994 Scheme of Premature release of life convicts, wherein it has been stipulated that those life convicts who had suffered more than 20 years of imprisonment should be released from prison in the event of a life convict fulfilling all the conditions prescribed under the said Scheme.
Since she was eligible to be considered for premature release under the said Scheme of Premature Release of Life Convicts dated November 10, 1994, the state government on September 9, 2018 advised the Governor of Tamil Nadu to release her and other six life convicts convicted in Rajiv Gandhi assassination case.
It was more than 6 months since the Council of Ministers of Tamil Nadu tendered the said advice but the decision remains unimplemented, she added.
She said she has to make certain arrangements for the marriage of her daughter Harithra alias Megra who was presently residing with her
grandparents in London, UK. She had made a representation dated February 25, 2019 addressed to the DIG, Vellore, requesting her to grant her six months leave for making arrangements for her daughter's marriage. She came to know that her representation was forwarded to the state government and the same was pending.
Her mother Padmavathi made another representation dated March 22, 2019 to the authorities requesting them to grant her six months leave for making arrangements for her daughter's marriage and for other purposes narrated in the representation.
However, she has not so far been granted leave as requested. Hence, she filed the present petition, she added.