One of the convicts of the 1991 Rajiv Gandhi assassination, AG Perarivalan filed an RTI to know whether Sanjay Dutt's release was granted by Central Government. The Yerawada prison gave an unequivocal 'no'. This startling revelation opens possibilities of the 'pick and choose' policy of the authorities.
Sanjay Dutt was found guilty of possessing arms in connection to the 1993 Mumbai blasts, under Terrorism and Disruptive Activities (Prevention) Act (TADA). But in this case it is for the Union government to take the call. However the state government in its capacity released him before 8 months of the sentence period, with 6 months parole in between.
The jail authorities say that Sanjay Dutt's remission was prescribed by Maharashtra Prison Manual for his 'Good Conduct' and doesn't need the Central Government's nod. In 2015, a five-member Constitution Bench ruled that the remission of the sentence of the arms offense lies with the Union Government
On the contrary, the reason said for stalling the Rajiv Gandhi assassination prisoners release is, they were imprisoned under Arms act and the case was under the purview of CBI. Periarivalan along with the six other prisoners are still reeling under punishment after 28 years of incarceration.