The Supreme Court on Monday dismissed the plea of S Nalini, undergoing life imprisonment in the Rajiv Gandhi assassination case, challenging the law mandating the Centre’s approval for her release and that of six other convicts.
‘Sorry, we are not interested,’ a bench comprising Chief Justice HL Dattu and justices MB Lokur and AK Sikri said.
Nalini had challenged Section 435(1) of the Criminal Procedure Code which mandates the state government to consult the Centre before premature release of a convict if the case was investigated by the CBI.
She has been in jail for the last 23 years and undergoing life imprisonment after her death sentence was commuted. She was sentenced to death by the trial court in the case on 28 January, 1998.
Nalini’s death sentence was commuted to life term by the Tamil Nadu governor on 24 April, 2000.
‘Though 2200 life convicts who had put in less than 10 years of imprisonment were prematurely
released by the Tamil Nadu Government during the last about 15 years, she was excluded from consideration for premature release only on the ground that her offence was investigated by the CBI i.e. her case was covered by Section 435(1)(a) CrPC. The said section is unconstitutional,’ her petition said.
The Centre had earlier contended that the Tamil Nadu government can’t release the convicts without its approval and had derailed the state government’s decision to release them.
‘Sorry, we are not interested,’ a bench comprising Chief Justice HL Dattu and justices MB Lokur and AK Sikri said.
Nalini had challenged Section 435(1) of the Criminal Procedure Code which mandates the state government to consult the Centre before premature release of a convict if the case was investigated by the CBI.
She has been in jail for the last 23 years and undergoing life imprisonment after her death sentence was commuted. She was sentenced to death by the trial court in the case on 28 January, 1998.
Nalini’s death sentence was commuted to life term by the Tamil Nadu governor on 24 April, 2000.
‘Though 2200 life convicts who had put in less than 10 years of imprisonment were prematurely
released by the Tamil Nadu Government during the last about 15 years, she was excluded from consideration for premature release only on the ground that her offence was investigated by the CBI i.e. her case was covered by Section 435(1)(a) CrPC. The said section is unconstitutional,’ her petition said.
The Centre had earlier contended that the Tamil Nadu government can’t release the convicts without its approval and had derailed the state government’s decision to release them.