S NALINI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondent No.1 - State of Tamil Nadu to consider her representation dated 13.02.2019 and implement its decision to release her from prison immediately.

(2.) The petitioner was one of the accused in the case pertaining to assassination of former Prime Minister of India Shri. Rajiv Gandhi. After trial, by judgment dated 28.01.1998 passed by the Presiding Judge, Designated Court No.1, Poonamallee (Additional City Civil and Sessions Court, Chennai - 600 104), the petitioner along with other co-accused were convicted and awarded sentence of death. Such conviction and sentence imposed on the petitioner and others was confirmed by the Honourable Supreme Court of India on 08.10.1999. The Mercy Petition submitted by the petitioner and others to the Governor of Tamil Nadu was also rejected on 17.10.1999. Aggrieved by the same, the petitioner, along with others, filed Writ Petition Nos. 17655 to 17658 of 1999 before this Court. This Court, by order dated 25.11.1999, directed the respondents to consider the mercy petition filed by the petitioner and others afresh. Pursuant to such direction, the Governor of Tamil Nadu commuted the death sentence imposed on the petitioner and others into that of imprisonment of life and it was communicated by the Government on 24.04.2000.

(3.) According to the petitioner, she had so far undergone twenty seven years of imprisonment as on 09.05.2019. Further, those who were awarded imprisonment for life have been released prematurely by the Governor of Tamil Nadu in exercise of the powers conferred under Article 161 of The Constitution of India. However, the petitioner's case for considering her release on the occasion of birth anniversary of Peraringar Anna on 15.09.2016 was not considered purportedly on the ground that her case was coming under the purview of Section 435 of Code of Criminal Procedure. Aggrieved by the inaction on the part of the Government, the petitioner earlier filed Writ Petition No. 4120 of 2006 before this Court, which was dismissed. The Writ Appeal No. 1207 of 2008 filed by the petitioner was also dismissed on 06.04.2010 by holding that the classification of life convicts falling within the scope of Section 435 of The Code of Criminal Procedure and those outside the scope of Section 435 of The Code of Criminal Procedure is a reasonable classification and it is for the Government to consider the premature release of the convicts by exercising the remission powers. According to the petitioner, she has submitted a representation dated 13.02.2019 to the Government of Tamil Nadu seeking her release by exercising the power under Article 161 of The Constitution of India, but it was not considered. The petitioner also submitted another representation dated 23.02.2019 to the Chief Minister of the State of Tamil Nadu, but it was also not considered, therefore, she has filed the present writ petition.