Chennai, Nov 10: The Madras High Court on Monday, Nov 10 allowed Janata Party President Dr Subramanian Swamy to file an appeal against a single judge order directing the Tamil Nadu government to consider the application seeking premature release by Nalini, one of the accused in the Rajiv Gandhi assassination case.
Admitting a writ petition filed by Dr Subramanian Swamy, the First Bench comprising Chief Justice A K Ganguly and Justice F M Ibrahim Khalifulla, ordered notice to Tamil Nadu government. In his petition, Dr Swamy submitted that the single judge's order allowing Nalini's writ petition seeking early release and the direction to the state government to reconsider her plea for early release, went against the provisions of the Constitution.
Dr Swamy prayed that the single judge order of September 24 be set aside.
Nalini had no vested right for release either under Article 161 of the Constitution or under Section 433-A of the Code of Criminal Procedure, Dr Swamy contended in his petition.
He further submitted that the gravity of the offence committed by Nalini falls under the category of 'rarest of rare cases' and social interest would prevail over private interest.
The learned single judge who had passed the order, ought not have exercised any discretion in favour of Nalini, Dr Swamy contended.
On September 24, a single judge allowed Nalini's petition and directed the state government to reconstitute the prison Advisory Board and to consider her premature release plea as fresh.
Nalini, who was one of those convicted in the conspiracy angle of the case, was awarded capital punishment. Her death sentence was later commuted to life sentence. She then went on appeal praying for premature release, it may be recalled.