Consider Nalini’s early release plea again: HC to TN Government

Holding that members of the board including its chairman were not informed about the meeting; that the district collector presided over the meeting without the authority of the law; and that all parameters enumerated in Prison Rules were not taken note of by the board, Justice Nagamuthu pulled up the authorities stating, “from the records available, what I could gather is that the entire exercise has been treated only as an empty formality and no serious concern was ever shown by the authorities to validly conduct the meeting and to seriously consider the issues in accordance with law.”

However, the court held that the petitioners did not have any “vested right” to demand premature release either under Article 161 or under the provisions of the Code, but added, “they have got a right to demand that their cases be considered for premature release if they satisfy the requirements of the Tamil Nadu Prison Rules.”

Citing several cases in the past, Justice Nagamuthu said that there cannot be any restriction to the power vested in the Governor under Article 161 of the Constitution as well as the power of the state Government under sections 433 and 433 (A) of the CrPC from providing further remission to Nalini on the grounds that she already received one when her death sentence was commuted to life.

Impleading himself in the case, Subramanian Swamy of the Janata Party had opposed considering Nalini’s case for reconsideration on the grounds that she had already received one remission.

The court directed that a validly constituted prison advisory board reconsider the matter in accordance with the law and the state Government take an appropriate decision on the report.

In all, Nalini has spent over 17 years in the Special Prison for Women, Vellore. Though awarded death, her sentence was commuted to life in prison after the intervention of Rajiv Gandhi’s widow and Congress president Sonia Gandhi.