Chennai, June 9 (UNI) The writ petition filed by Nalini, the life convict in the Rajiv Gandhi assassination case, seeking premature release, will come up for hearing in the Madras high court tomorrow, even as Janata Party President Subramanian Swamy today filed an impleading petition, opposing her release.
In his petition, Dr Swamy said the Supreme Court had in several cases held that ''life sentence'' meant sentence for life and a convict had no right to demand premature release.
He said the apex court had in Nalini's case held that ''for a person like Nalini, there is no room for any leniency, kindness and benevolence and hence the sentence of imprisonment for life is inadequate''.
Dr Swamy said the Tamil Nadu Government had turned down Nalini's petition for her premature release. ''There is no apparent judicially tenable change of circumstances for any new review of the earlier stand of the Government within a short period of six months, except the secret meeting between the convict and Priyanka Vadra, daughter of Mr Gandhi.'' He said that if Nalini was prematurely released, serious prejudice would be caused to the cause of justice and public interest would suffer. It had been proved beyond doubt that Nalini had actively participated in the assassination of Mr Gandhi and considering her case for premature release was totally unpardonable.
Stating that Nalini's death sentence was commuted to life, he submitted that the power of clemency, having been exercised once, could not be exercised again either directly or indirectly to suit the circumstances out of political compulsion.
The impleading petition is likely to come up for hearing tomorrow before Justice A Kulasekaran, when Nalini's petition is listed for hearing.
Nalini, in her petition, had said she had served 17 years in prison and could be release based on her good conduct. She had to take care of her teenaged daughter. Nalini's husband, Sriharan alias Murugan, had been sentenced to death in the same case. Both of them were serving terms in the Vellore Central Prison.
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