The Madras High Courttoday issued a notice to the Centre on a plea by Rajiv Gandhi assassination case life convict S Nalini challenging the constitutionality of a CrPC section that mandates consultation with the Centre on premature release of prisoners in cases handled by central agencies.
Challenging section 435 (1) (a) of the CrPC, Nalini contended that there cannot be two different treatments for a single class of life convicts when it comes to their premature release.
Section 435 (1) (a) mandates the state government to consult the Centre to remit or commute a sentence in any case investigated by central agencies.
The first bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose ordered issuance of notice to the Attorney General through Additional Solicitor General G Rajagopalan and posted the case for further hearing to March 19.
According to Nalini, the Tamil Nadu government passed an order dated February 1 introducing a scheme of premature release of life convicts under Article 161 (Power of governor 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 Nalini 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 governments, the law mandating the state to consult the Centre would be irrational," Nalini submitted.
Once convicts are confined in prison, all of them are required to be treated equally and there cannot be two different way of treating a single class of convicts, she submitted.
Nalini also submitted that the state has not applied its mind that the provision of CrPC 435 would apply only when the government exercises its powers under CrPC sections 432 and 433.
Nalini 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 prime minister at Sriperumpudur by an LTTE suicide bomber on May 21, 1991.
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