Govt to remind Guv about Rajiv case convicts’ release

The submission was made before a division bench comprising Justice MM Sundresh and Justice M Nirmal Kumar on Monday, when the habeas corpus petitions filed by two convicts – Robert Payas and S Jayakumar – in 2012 came up for hearing.

The government counsel submitted that the cabinet resolution allowing their early release was passed on September 9, 2018, which was now pending with the Governor for his nod. Based on that, he sought for time to send a reminder letter to the Governor in this regard.

During the hearing, the bench wondered about the reason for the delay when the cabinet has passed a resolution for the early release of the convicts who have already spent more than two decades in prison.

After the counsel pointed out that a similar case moved by Nalini last month seeking a direction to the Governor’s office to release all the convicts was slated for hearing on July 30, the bench adjourned the case to the same date. The pleas moved by Robert Payas and Jayakumar had contended that they were eligible for premature release based on the Government Order dated November 10, 1994, under which life convicts who had completed 20 years of actual imprisonment could be released on humanitarian grounds.

Another convict, Nalini Sriharan, too, had submitted that the State through the resolution had also advised the Governor to release her and six others. The advice of the State was binding on the Governor, Nalini submitted, adding that they should have been released long ago.