Centre tells HC Nalini abides by its decision

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Chennai, Sep 18 (UNI) The Centre today informed the Madras High Court that Ms Nalini, life convict in the Rajiv Gandhi assassination case, had neither challenged any decision taken by the Union Government, nor sought relief from it.

A writ petition filed by Nalini, besides Robert Payas and S Jayakumar, came for final hearing, before Justice S Nagamuthu.

Additional Solicitor General for South India, M Ravindran said, ''No action of the Central Government is challenged. Also no relief has been sought from the Centre.'' Reiterating that he had received written instructions from the Centre, Mr Ravindran said the question of filing any detailed response on behalf of the Union government did not arise, as none of its decisions had been called into question in the present case.

Tamil Nadu Advocate General G Masilamani said the State was within its limit to specify conditions for extending remissions.

Reiterating that convicts were not seeking remissions with vested interests in mind, he said, the question of their challenging the validity of conditions does not arise, as the state government was entitled to follow certain self-imposed restrictions.

Mr Masilamani said unless the state government action was shockingly unconscionable, the courts could not entertain such pleas.

S Duraisamy, appearing for Nalini said, the advisory committee, which rejected her case was not properly constituted and the probation officer's recommendation to release Nalini with conditions had been rejected without reason.

NGR Prasad, representing Jayakumar and Robert Payas, said since the victim was a former Prime Minister, it had blinded the vision of the authorities concerned.

The Janata Party(JP) President Subramanian Swamy, in his petition, has strongly opposed Nalini's premature release on the ground that since her mercy petition was accepted by the state government and Governor S S Barnala commuted the capital punishment to life-sentence, she was not entitled for another mercy.

Dr Swamy would continue his arguments tomorrow.

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