The Madras High Court Tuesday directed the Superintendent of Prisons at Vellore where Nalini Sriharan, convicted for life in the Rajiv Gandhi assassination case, is lodged to ascertain whether she is willing to put forth her case through video conferencing.
Nalini had approached the court seeking its permission for her personal appearance to argue on her petition seeking six months ordinary leave to make arrangements for her daughter's marriage.
When the plea came up, a division bench of justices MM Sundresh and Nirmal Kumar said, "We direct the Superintendent of Prisons, Vellore to ascertain from the petitioner as to whether she is willing to put forth her case through video conference system.
"Thereafter the question of permitting the petitioner to physically appear before this court would be taken up for consideration."
Nalini, who has been in prison for over 27 years, wanted the court to direct the superintendent of police, Special Prison for Women in Vellore, to produce her before the court so that she could argue her case for leave as party-in-person.
According to Nalini, a life convict is entitled to one month leave once in two years and since she had never availed such ordinary leave for more than 27 years she made a representation to prison authorities on February 25 seeking six months leave to make arrangement for her daughter's marriage.
Subsequently, Nalini's mother also made a similar representation on March 22. As the authorities failed to consider her representation, she moved the high court.
The bench had earlier directed the Additional Public prosecutor to get instructions with regard to the security aspects that are required to be provided while escorting Nalini to the high court.
Expressing certain apprehensions with regard to production of Nalini in person before the court, a counter affidavit was filed by the government.
The bench, in its interim order, said "For the present, we are not willing to go into the merits and demerits of the affidavit filed on behalf of the authorities concerned herein.
"This is for the reason that as submitted by the Additional Public Prosecutor that the petitioner can be heard through video conferencing system.
"Therefore we direct the Superintendent of Prisons, Vellore to ascertain from Nalini as to whether she is willing to put forth her case through video conference."
The bench then posted the matter for further hearing to June 25.
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