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Madras High Court reject Nalini’s plea for premature release

Former Prime Minister Rajiv Gandhi was assassinated in a suicide attack by LTTE (Liberation Tigers of Tamil Eelam ) in Sriperumbudur near Chennai, in Tamilnadu on 21 May 1991.

The Madras High Court on Friday has rejected Nalini’s Plea in Rajiv Gandhi’s assassination case for a premature release.

The division bench of Justice K K Sasidharan and R Subramanian had reserved the order on April 24 on the plea by Nalini, challenging the order of a single judge rejecting her prayer for premature release under a 1994 state government scheme under Article 161 (powers of Governor to grant pardon).

The High Court has refused to interfere in the matter as a similar case is already pending under the jurisdiction of the Supreme Court.

Upholding the single judge’s order, the division bench said Nalini will have to wait for the outcome of the matter pending before the Supreme Court, and dismissed her appeal.

The bench said that “The bench is in full agreement with the views expressed by the learned single judge,”

A Special court at Poonamallne in Tamil Nadu had convicted Nalini in 1998. Supreme court had confirmed her conviction a year later. The TamilNadu state government later changed her death sentence to life imprisonment under Article 161 of the Constitution, following a mercy petition by Nalini.

The convict had later challenged the constitutionality of a CrPC Section which requires the states to hold consultations with the Centre on the premature release of prisoners whose cases are handled by Central agencies.

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