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HC poser to TN govt on Nalini's premature release plea

Press Trust of India  |  HC poser to TN govt on Nalini's premature release plea Chennai 

The today directed the government to clarify whether a under Article 161 of constitution has to consult the Centre over premature release of convicts in cases handled by central agencies.

Posing the question on an appeal filed by assassination case life convict Nalini, a bench comprising Justices K K Sasidharan and R Subramanian posted the matter to April 23 for further hearing.

Nalini had filed the appeal against the 2016 order of Justice M Sathyanarayanan rejecting her prayer for premature release under a 1994 scheme under Art 161 (powers of to grant pardon).

As per the scheme, life convicts who had served 20 years of prison term were eligible for pre-mature release.

The had opposed Nalini's plea before the citing a similar matter before the

The apex court in its order on the matter in March, 2016 had made it clear that for pre-mature release pleas under CrPc section 435, concurrence by the Centre was required in cases handled by central agencies such as the CBI.

When the appeal came up for hearing, for Nalini argued that her plea did not fall under Sec 435 of CrpC and it was under Art 161. Hence there was no need for consultation.

The bench directed the to answer the question whether the under article 161 has to consult the

Nalini had made a representation in February, 2014 seeking pre-mature release saying she had undergone imprisonment for more than 24 years.

She further submitted that her death sentence was commuted for life under article 161 of the Constitution on April 24, 2000.

Nalini contended that she was eligible to be released under the scheme announced by the state government on November 10, 1994.

She has been lodged in a special prison for women at Vellore for more than 26 years since her arrest in connection with the assassination of former at Sriperumpudur by an suicide bomber on May 21, 1991.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Thu, April 12 2018. 00:20 IST