Chennai: Opposing the plea of S. Nalini, serving life sentence in Vellore prison in the Rajiv Gandhi assassination case, seeking ordinary leave (parole) for six months to make arrangements for her daughter's wedding, the state government has informed the High Court that her request deserves no merit and prayed to dismiss her petition.
"In view of the gravity of offence committed by the petitioner, having international ramification, the respondents (authorities) can reasonably apprehend that the petitioner, if released on leave, may escape from the lawful custody," said the state government.
D. Daniel, Deputy Secretary to government, Home department said this in his counter affidavit filed in Madras High Court in response to the petition filed by Nalini, which sought six months leave to make arrangements for the wedding of her daughter.
In her petition dated November 12, 2016 and January 23, 2017 she has requested six months leave to make arrangements for the wedding of her daughter.
In this regard, it was submitted that the petitioner herself states that her daughter was living in London, United Kingdom with her grandparents and was not a citizen of India. The petitioner has not given any valid proof like copy of visa, travel documents of her daughter in support of her request for grant of ordinary leave, he added.
He said as per Rule 24 of the Tamil Nadu suspension of sentence rules, 1982, all petitions for grant of ordinary leave submitted to the government or to the Superintendent of Prison shall be referred to the Probation Officer concerned for reports on the advisability of the ordinary leave of the prisoner. The probation officer shall personally enquire into and send his report to the government or to the Superintendent in Form-I.
If the Probation Officer feels that the release on leave of a prisoner was likely to involve breach of peace in the locality, he shall consult the local sub-inspector of police solely with a view to avoid any breach of peace and record the views of the sub-inspector of police in said Form.
In this case, neither the petitioner has given any valid proof of her daughter visit to India to verify the genuineness of her request through the Probation Officer concerned.
