S NALINI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PRAYER in W. P. No. 15842/08:- Writ petition filed under Article 226 of the Constitution of India for a writ of Certiorarified mandamus, calling for records from the 2nd and 3rd respondents relating to the records of proceedings of the Advisory Board dated 28. 12. 2006 and quash the same and set aside the consequent order of the second respondent dated 25. 07. 2007 in G. O. (D) No. 911 and direct the respondents to consider and release the petitioner prematurely under Rules 339 and 340 of the Tamil Nadu Prison Rules 1983. Prayer in W. P. No. 15892/08:- Writ petition filed under Article 226 of the Constitution of India for a writ of Certiorarified mandamus, calling for records from the 2nd and 3rd respondents relating to the records of proceedings of the Advisory Board dated 28. 12. 2006 and quash the same and set aside the consequent order of the second respondent dated 24. 10. 2007 in G. O. (D) No. 1258 and quash the same direct the respondents to consider and release the petitioner prematurely under Rules 339 and 340 of the Tamil Nadu Prison Rules 1983.)Common Order: the petitioners are convicts in the case of brutal assassination of Shri. Rajiv Gandhi, the Former Prime Minister of India and 15 others on 21. 05. 1991, at Sriperumbudur in Tamil Nadu. Initially, a case was registered by the Tamil Nadu Police and later, the investigation was transferred to the Central Bureau of Investigation. A special investigation team was constituted to investigate the crime. Ultimately, the said team filed charge sheet against 41 accused for offences under Sections 120 (B) r/w 302, 326, 324, 201, 212 and 216 I. P. C; Sections 3,4 and 5 of the Explosive Substances Act; Section 25 of the Arms Act; Section 12 of Passport Act; Section 14 of the Foreigners Act; Section 6 (1) (A) of the Wireless Telegraphy Act and Sections 34 and 35 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as "tada Act" ). Out of 41 accused, 12 of whom were already dead having committed suicide; three absconded and only 26 accused faced the trial before the Designated Court under the TADA Act. The Designated Court by judgment dated 21. 09. 1998 convicted all the 26 accused including the petitioners herein. All of these three petitioners were imposed death sentence.

(2.) ON appeal, the Hon'ble Supreme Court by judgment dated 11. 05. 1999 has confirmed the sentence of death imposed on Mrs. Nalini and converted the death sentence on the other two petitioners to one of life imprisonment. Mrs. Nalini was arrested on 14. 06. 1991. Mr. Jayakumar was arrested on 26. 06. 1991 and Mr. Robert Payas was arrested on 12. 06. 1991. Mrs. Nalini was lodged in the Special Prison for Women at Vellore as condemned prisoner.

(3.) THEREAFTER, Mrs. Nalini made an application for clemency to the Governor of Tamil Nadu and same was rejected by the Governor of Tamil Nadu. Challenging the said order, Mrs. Nalini filed a writ petition in W. P. No. 17655 of 1999 before this Court. By order dated 25. 11. 1999, this Court set aside the order of the Governor and remanded the matter back for fresh consideration. Thereafter, the Council of Ministers, Government of Tamil Nadu, advised the Governor to commute the death sentence of Mrs. Nalini into one of life imprisonment. On accepting the said advice of the Council of Ministers, the Governor of Tamil Nadu commuted the death sentence into one of life imprisonment vide Government Letter No. 406 Home Department dated 24. 04. 2000. And from 25. 04. 2000 onwards, Mrs. Nalini was converted as a life convict and she has been continuously lodged in the Special Prison for Women at Vellore.