Chennai, Jul 15 (UNI) Madras High Court today dismissed a petition filed by Janata Party President Subramanian Swamy, seeking to implead in a plea filed by Nalini, a life convict in the Rajiv Gandhi assassination case, and opposing her early release.
Dismissing the petition, Mr Justice V S Nagamuthu said ''the court is ready to hear the views of former Union Minister Dr Swamy, but he cannot be included as a party in the case.'' ''Dr Swamy's doubts and averments about the State Government were cleared by the State's counter affidavit and the Government opposing the early release of Nalini has been recorded. Hence, his petition is liable to be dismissed,'' he added.
Nalini had moved the court, seeking her release on the ground that she had already spent 17 years in prison in the case. Dr Swamy had filed an impleading petition, seeking to implead in the case and opposing the move. The DMK Government, in its counter petition, had said Dr Swamy's impleading petition was liable to be dismissed as the Government was against the premature release of the life convict.
Citing a Supreme Court order, the Government had said ''life imprisonment lasts until the last breath of the convict'' and Nalini could not seek premature release on the ground that she had served 17 years in prison.'' Nalini, who was awarded capital punishment in the case, had got her death sentence commuted to life when the Governor allowed her clemency petition, the Government had submitted.
UNI XR GD RL HT1510