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Thursday, Sep 25, 2008
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Board asked to reconsider Nalini’s plea

K.T. Sangameswaran

CHENNAI: Stating that the prison Advisory Board was not validly convened, the Madras High Court on Wednesday held that the cases of Nalini, S.Jeyakumar and Robert Payas, life convicts in the Rajiv Gandhi assassination case, be reconsidered by the board for the government to decide whether they should be given the benefit of premature release or not.

In the common order on the petitions by the convicts, Justice S. Nagamuthu quashed the board proceedings and the government orders concerned.

He remitted the matter back to the board for reconsideration.

The three had filed writ petitions calling for the records relating to the proceedings of the board dated December 28, 2006 and the subsequent G.O.s of 2007 and quashing the same. Nalini sought a direction to the authorities to order her premature release. The other two sought a direction to the official authorities to release them prematurely.

Among other things, the petitioners said the constitution of the board was defective as it did not have seven members as provided in the prison rules, relevant records were not circulated among all board members well in advance of the meeting and the board did not consider relevant material as enumerated in the rules.

The Judge said since what was being considered by the board was the most vital fundamental right, namely right to life, the procedure contemplated under the prison rules should be strictly adhered to. The Advocate-General’s contention that there was substantial compliance of the rules could not be countenanced, as factually there had been no such substantial compliance.

The board meetings were not validly convened; the members including the Chairman were not informed of the meeting and the District Collector, without the authority of law, had presided over the meeting though the Chairman was available.

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