Rajiv convicts can’t claim release as matter of right, TN tells HC
TIMES NEWS NETWORK
Chennai:14.08.201`9
About a year after adopting a unanimous resolution in the state assembly for the release of all the seven life convicts in the Rajiv Gandhi assassination case, the Tamil Nadu government did a partial somersault on Tuesday and said the convicts cannot claim release as a matter of right or privilege.
It was in September 2018 that the assembly resolved to take the Article 161 route and recommend to the state governor to order the premature release of the seven convicts in the case. It was followed up with letters and reminders to the governor and the Centre.
Meanwhile, Nalini Sriharan filed the present petition seeking a direction to the governor to release all seven convicts including herself.
The state government, in its counter-affidavit to the petition, referred to the Supreme Court judgment in this regard, and said it was for the appropriate government to pass appropriate orders in the case of premature release of prisoners. Such premature release of life convicts is prerogative of the government and no life convict can claim the same as a right and it is not matter of privilege.
The counter, filed before a division bench of Justice R Subbiah and Justice C Saravanan, also reiterated that life term meant imprisonment for life. It is a settled law that unless the life sentence is commuted or remitted by appropriate authority under the relevant provisions of the Constitution or the Code of Criminal Procedure, prisoner sentenced to life imprisonment is bound in law to serve the life term in prison and, therefore, the life imprisonment prisoners cannot claim premature release as a matter of right, argued the deputy secretary to government, home department, in his counter on Tuesday.
The bench then adjourned the hearing to August 20.
The deputy secretary referred to the order of the Supreme Court in a case filed by another life convict – A G Perarivalan – in the case, and said: “Based on the direction issued by the Supreme Court to the governor to decide on the application of AG Perarivalan as deemed fit, the proposal for premature release of the petitioner Nalini and six other life convicts under Article 161 of the Constitution of India, has been sent to governor of Tamil Nadu and the same is under consideration.”
That the state governor has not acted upon the recommendation of the state assembly to release all the seven convicts, is a subject matter of intense political debate for several months now.
CONTESTED: Rajiv Gandhi assassination case convict Nalini Sriharan had filed a petition seeking a direction to the governor to release all seven convicts. The state in its counter-affidavit said life imprisonment prisoners cannot claim premature release as a matter of right or privilege
TIMES NEWS NETWORK
Chennai:14.08.201`9
About a year after adopting a unanimous resolution in the state assembly for the release of all the seven life convicts in the Rajiv Gandhi assassination case, the Tamil Nadu government did a partial somersault on Tuesday and said the convicts cannot claim release as a matter of right or privilege.
It was in September 2018 that the assembly resolved to take the Article 161 route and recommend to the state governor to order the premature release of the seven convicts in the case. It was followed up with letters and reminders to the governor and the Centre.
Meanwhile, Nalini Sriharan filed the present petition seeking a direction to the governor to release all seven convicts including herself.
The state government, in its counter-affidavit to the petition, referred to the Supreme Court judgment in this regard, and said it was for the appropriate government to pass appropriate orders in the case of premature release of prisoners. Such premature release of life convicts is prerogative of the government and no life convict can claim the same as a right and it is not matter of privilege.
The counter, filed before a division bench of Justice R Subbiah and Justice C Saravanan, also reiterated that life term meant imprisonment for life. It is a settled law that unless the life sentence is commuted or remitted by appropriate authority under the relevant provisions of the Constitution or the Code of Criminal Procedure, prisoner sentenced to life imprisonment is bound in law to serve the life term in prison and, therefore, the life imprisonment prisoners cannot claim premature release as a matter of right, argued the deputy secretary to government, home department, in his counter on Tuesday.
The bench then adjourned the hearing to August 20.
The deputy secretary referred to the order of the Supreme Court in a case filed by another life convict – A G Perarivalan – in the case, and said: “Based on the direction issued by the Supreme Court to the governor to decide on the application of AG Perarivalan as deemed fit, the proposal for premature release of the petitioner Nalini and six other life convicts under Article 161 of the Constitution of India, has been sent to governor of Tamil Nadu and the same is under consideration.”
That the state governor has not acted upon the recommendation of the state assembly to release all the seven convicts, is a subject matter of intense political debate for several months now.
CONTESTED: Rajiv Gandhi assassination case convict Nalini Sriharan had filed a petition seeking a direction to the governor to release all seven convicts. The state in its counter-affidavit said life imprisonment prisoners cannot claim premature release as a matter of right or privilege
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