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National

Supreme Court notice to TN Government

J. Venkatesan

On a plea by a life convict in Rajiv murder case

New Delhi: The Supreme Court on Friday issued notice to the Tamil Nadu government on a writ petition filed by one of the life convicts in the Rajiv Gandhi assassination case, challenging a G.O. directing release of prisoners who had completed 10 years of imprisonment but excluding cases investigated by the CBI.

A Bench of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam ordered notice on the petition, which said that P.R. Ravichandran was awarded life imprisonment in the case and that he had completed 16 years of actual imprisonment. Many representations were made by him and his mother for his release but they were rejected.

The petitioner said the National Human Rights Commission had informed all the States that every life convict would be eligible to be considered for premature release after serving the sentence of 14 years of actual imprisonment i.e. without any remission. It had, however, clarified that the 14 years in prison by itself would not entitle the convict to automatic release and the Review Board would have the discretion to release a convict at an appropriate time considering the relevant factors.

He was hoping that the representation made either by him or by his mother would be considered sympathetically by the State government. But, the State, by its G.O. Ms. No. 873 dated September 14, 2006, ordered release of 472 life convicts who had completed 10 years of actual imprisonment and who had fulfilled the conditions mentioned. Though the petitioner was also eligible under the said G.O. he was not considered because of the condition that life convicts, whose cases were investigated by agencies such as the CBI, were not eligible for the release. In 2007 also a similar G.O was issued and his case was not considered. Hence the present petition.

He said the continued incarceration without the State properly applying its mind regarding his premature release even after he had completed about 16 years of imprisonment and not taking any effort to consult the Centre regarding his release while all other life convicts were being released affected his fundamental right under Article 21 of the Constitution. He sought a direction to quash the impugned G.O.s and a direction to release him from prison.

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