'Nalini's right to appear in person can’t be denied'

The Madras High Court on Tuesday refused to subscribe to the Tamil Nadu government’s version that there were difficulties in producing Nalini Sriharan, life convict in the Rajiv Gandhi assassination, in person before the court.

The court was hearing Nalini’s plea seeking six months ordinary leave for arranging her daughter’s marriage. Nalini, who was sentenced to death for her role in the 1991 assassination of former prime minister Rajiv Gandhi, has been in jail for the past 28 years following commuting of her sentence to life.

Nalini, currently serving her life term at the Vellore Central Prison, sought court’s permission to appear in person and argue her case. However, the government’s lawyer said that there were security risks in bringing her to the court.

Responding to a question raised by the court on the impediment in allowing her to appear in person, the government advocate sought time to get instructions from the government on the security arrangements to be made while escorting her to be produced before the court.

A division bench of justices M M Sundaresh and M Nirmal Kumar posted the matter for further hearing to June 18 after observing orally that her right to appear in person to argue her case cannot be denied.

In her petition, Nalini says that 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.

"My request to the state for premature release under 1994 scheme of premature release of life convicts was cleared by the council of ministers and on September 9, 2018 the council advised the governor to release me and other six life convicts in the case. But it has been over six months and the decision of the state still remains unimplemented," she submitted in her petition.