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Nalini challenges validity of CrPC section 435 on premature

Press Trust of India  |  Chennai 

Nalini, serving life term in the assassination case, today moved the Madras High Court challenging a CrPC section's constitutionality noting that there cannot be two different treatments for single class of life convicts, when it comes to premature release.

Section 435 (1) (a) of the CrPC mandates the state government to consult the Centre to remit or commute a sentence, in any case investigated by central agencies.

According to Nalini, the government passed an order dated February 1 introducing a scheme of premature release of life convicts under Article 161 (Power of to grant pardons, and to suspend, remit or commute sentences in certain cases) of the Constitution.

But she would not be eligible for the scheme, since there is a specific clause in the order, to the effect that the cases of eligible life convicts should not come under CrPC section 435.

Since the offence for which was convicted was investigated by the CBI, she becomes ineligible for premature release under the scheme.

"When the object of premature release is reformation and rehabilitation of prisoners, and when the convicts are released only on the basis of good conduct in prison, which can be assessed only by the respective state government, the law mandating the state to consult the Centre would be irrational," said.

Once convicts are confined in prison, all of them are required to be treated equally and there cannot be two different treatment for single class of convicts, she submitted.

She also submitted that the state has not applied its mind that the provision 435 would apply only when the government exercises its powers under CrPC sections 432 and 433.

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 the 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: Tue, February 13 2018. 22:15 IST