S NALINI SRIKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) By this writ appeal, the appellant challenges the verdict of a learned single Judge of this Court in turning down her prayer to quash Clause (v) of G.O.(Ms) No. 873, dated 14.9.2006 and consequently to direct the respondents to consider her premature release from prison.

(2.) The appellant herein is a convict prisoner in the case of assassination of former Prime Minister of India, Sri Rajiv Gandhi. This appellant was arrested on 14.6.1991 by the Deputy Superintendent of Police, Central Bureau of Investigation, SIT, Chennai in connection with the Rajiv Gandhi assassination case for the offences under Sections 302, 307, 326 IPC, Sections 3 to 5 of the Indian Explosives Act and Sections 3 to 5 of the TADA and after investigation, the charge sheet was filed in C.C.No.3 of 1992 on the file of the Designated Court No.I, Chennai at Poonamalle against 41 accused for the offences under Sections 120-B r/w. 302, 326, 324, 201, 212 and 216 IPC; Sections 3, 4 and 5 of the Explosive Substances Act; Section 25 of the Arms Act; Section 12 of the Passport Act; Section 14 of the Foreigners Act; Section 6(1A) of the Wireless Telegraphy Act and Sections 3, 4 and 5 of the TADA. The array of accused include 12 deceased accused and 3 absconding accused. The remaining 26 persons including this appellant faced trial before the Designated Court No. I, Chennai at Poonamallee and the said Court by its judgment dated 28.1.1998, convicted all the 26 persons and awarded death penalty. On appeal to the Supreme Court in Death Reference Case No. 1 of 1998 with Criminal Appeal Nos.321 to 325 of 1998, the Supreme Court, by the judgment dated 11.5.1999, has acquitted 19 persons and confirmed the death sentence against four accused, including the present appellant and life sentence was awarded to three accused. Thereafter, two review petitions were filed by the CBI/SIT seeking to review the acquittal of the accused and the accused persons against whom death sentence was confirmed, but both the review petitions were dismissed by the Supreme Court.

(3.) Thereafter, the present applicant filed an application before the Governor of Tamil Nadu for clemency and on its rejection, she filed W.P.No.17655 of 1999 before this Court and this Court, by the order dated 25.11.1999, remitted the matter back for fresh consideration and ultimately, based on the recommendation of the Government, the Governor of Tamil Nadu commuted the death sentence imposed against this appellant to one of life imprisonment by G.O.Ms.No.406, Home Department, dated 24.4.2000 and from 25.4.2000, she was converted as a life convict.