ON the eve of assembly elections in Tamil Nadu, chief minister J Jayalalithaa played the Tamil card to perfection by deciding to release the seven convicted for assassinating former prime minister Rajiv Gandhi, including Nalini Sriharan who recently said she had lot of faith in Jayalalithaa to set her free.
Nalini was out on parole for few hours last week to participate in her father’s funeral in Chennai where she made an appeal to Jayalalithaa to release her as she had spent over 20 years in prison.
Jayalalithaa’s decision was reflected in the Tamil Nadu government decision to release the seven convicts was conveyed to the centre by state chief secretary K Gnanadesikan. In a letter to the union home secretary Rajesh Mehrishi, the TN chief secretary sought the centre’s views on the TN government decision to release the seven convicts, following their appeal to set them free as all of them serving life sentence had served more than 20 years in prison.
The Tamil Nadu government sought the centre’s views as it is required to consult the central government when exercising its powers under sections 432 of CrPC to release the convicts in a case that was investigated and tried by the CBI.
The timing of the decision is not lost on political observers, who see in this TN government move an attempt by Jayalalithaa to play to the Tamil galleries. And if she succeeds she can claim credit for the release of the convicts, which has been a consistent demand of pro-Tamil groups as well as the mainstream political parties in the state.
In fact, in 2014, Jayalalithaa government sought to release the convicts, but the centre challenged the decision in the Supreme Court through a writ petition. As per legal requirement, the state has to consult the centre for releasing any convicts in a case that was investigated and tried by the CBI.
In 2014, the Supreme court had raised legal and constitutional questions after the centre filed a writ petition and posted the matter before a three member bench. But the case has not yet been listed so far, Tamil Nadu chief secretary recalled in his letter to the union home secretary.
He said that in February 2014, the Tamil Nadu government had sought centre’s views on its decision to release the convicts, Instead of replying to the state government, the centre had filed a writ petition in the Supreme Court, he observed,
“Now the Tamil Nadu government has received petitions from the convicts, namely V Sriharan, T Suthendraraja, AG Perarivalan, Jayakumar, Robert Payas, Ravichandran and Nalini, with requests to release them as they have all spent more than 20 years in prison,” Tamil Nadu chief secretary said in his letter to the union home secretary. Nalini had also filed writ petition in the Madras High Court last year seeking her release.
“The government of Tamil Nadu has decided to remit the sentences of life imprisonment and release the seven persons mentioned above, since all the seven persons have already served imprisonment of 24 years,” Gnanadesikan said adding, “ In view of these circumstances, it has become necessary for us to request you to communicate your views under section 435 CrPC on the decision of Tamil Nadu government,” he said in his letter.
"We would like to clarify that this communication is being sent to you without prejudice to our right to move the Supreme Court to review its judgment dated December 2, 2015 wherein the Constitution Bench had taken the view that the word 'consultation' used in Section 435 of Cr.P.C means 'concurrence'," Gnandesikan said adding that the letter is also without prejudice to the State's rights and contentions in the Writ Petition.
Nalini was out on parole for few hours last week to participate in her father’s funeral in Chennai where she made an appeal to Jayalalithaa to release her as she had spent over 20 years in prison.
Jayalalithaa’s decision was reflected in the Tamil Nadu government decision to release the seven convicts was conveyed to the centre by state chief secretary K Gnanadesikan. In a letter to the union home secretary Rajesh Mehrishi, the TN chief secretary sought the centre’s views on the TN government decision to release the seven convicts, following their appeal to set them free as all of them serving life sentence had served more than 20 years in prison.
The Tamil Nadu government sought the centre’s views as it is required to consult the central government when exercising its powers under sections 432 of CrPC to release the convicts in a case that was investigated and tried by the CBI.
The timing of the decision is not lost on political observers, who see in this TN government move an attempt by Jayalalithaa to play to the Tamil galleries. And if she succeeds she can claim credit for the release of the convicts, which has been a consistent demand of pro-Tamil groups as well as the mainstream political parties in the state.
In fact, in 2014, Jayalalithaa government sought to release the convicts, but the centre challenged the decision in the Supreme Court through a writ petition. As per legal requirement, the state has to consult the centre for releasing any convicts in a case that was investigated and tried by the CBI.
In 2014, the Supreme court had raised legal and constitutional questions after the centre filed a writ petition and posted the matter before a three member bench. But the case has not yet been listed so far, Tamil Nadu chief secretary recalled in his letter to the union home secretary.
He said that in February 2014, the Tamil Nadu government had sought centre’s views on its decision to release the convicts, Instead of replying to the state government, the centre had filed a writ petition in the Supreme Court, he observed,
“Now the Tamil Nadu government has received petitions from the convicts, namely V Sriharan, T Suthendraraja, AG Perarivalan, Jayakumar, Robert Payas, Ravichandran and Nalini, with requests to release them as they have all spent more than 20 years in prison,” Tamil Nadu chief secretary said in his letter to the union home secretary. Nalini had also filed writ petition in the Madras High Court last year seeking her release.
“The government of Tamil Nadu has decided to remit the sentences of life imprisonment and release the seven persons mentioned above, since all the seven persons have already served imprisonment of 24 years,” Gnanadesikan said adding, “ In view of these circumstances, it has become necessary for us to request you to communicate your views under section 435 CrPC on the decision of Tamil Nadu government,” he said in his letter.
"We would like to clarify that this communication is being sent to you without prejudice to our right to move the Supreme Court to review its judgment dated December 2, 2015 wherein the Constitution Bench had taken the view that the word 'consultation' used in Section 435 of Cr.P.C means 'concurrence'," Gnandesikan said adding that the letter is also without prejudice to the State's rights and contentions in the Writ Petition.