Nalini’s premature release: High Court to pass order on Friday

Nalini had challenged the order of the single judge who had granted liberty to the state government to consider her representation in the matter of premature release subject to the outcome of the petition pending before the Supreme Court. 

A division bench comprising Justices KK Sasidharan and R Subramanian before whom elaborate arguments prevailed from Nalini’s counsel M Radhakrishnan and Advocate General Vijay Narayan, reserved its orders for Friday. 

Radhakrishnan contended that while the Supreme Court order pertained to exercise of powers under CrPC 432 and 433 in which the state government has to consult the Centre in cases that were investigated by a central agency, the present plea only sought her release under the scheme announced by the Tamil Nadu government in 1994. He said the scheme framed under Article 161 of the Constitution, where the Governor’s power comes into play, life convicts who had served actual imprisonment of 20 years were released. 

Also, stating that the present writ appeal is against the order of the single judge, Radhakrishnan submitted that when the state government had released 2,200 people under the said scheme, it refrained from releasing Nalini despite her being eligible for premature release. 

However, Advocate General Vijay Narayan submitted that the issue was completely covered by the judgment of the Supreme Court and that the state government cannot decide on its own without getting concurrence of the Centre as the case was investigated by a central agency.