The Madras High Court today ordered issue of notice to the Additional Public Prosecutor on a petition filed by S Nalini, a life convict in the Rajiv Gandhi assassination case, seeking leave for a period of one month to attend to her father who is ill.
A Division Bench, comprising Justice S Rajeswaran and Justice P N Prakash, directed the APP to reply on the HCP filed by Nalini before February 11.
Nalini, who is confined in the Special Prison for women at Vellore for the past 22 years, has already filed petitions for her premature release which is pending before the High Court.
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In her petition, Nalini contended her father P Sankara Narayanan, aged about 90, is bed-ridden and seriously ill for quite some time. She submitted that she met her father eight years ago.
Nalini said she had represented the matter to Additional Director General of Police and IG of prisons in December last for grant of ordinary leave for a month. She further submitted that the Superintendent of Special Prison for women, Vellore, had already forwarded the application to ADGP.
She said she utilised ordinary leave of three days in the past 22 years for the purpose of attending her brother's marriage but returned after availing only one day.
The authorities have not taken any decision on the application made by her and hence she filed the HCP.
In her HCP, she said failure on the part of authorities to grant leave would be violative of Articles 14 and 21 of the Constitution and prayed for a direction to them to consider her application.
