In a setback to life convicts Nalini Srikaran and six others convicted for the assassination of former Prime Minister Rajiv Gandhi, the Supreme Court on Monday refused to allow their premature release from jail.
The seven convicts had approached Court challenging the constitutional validity under Criminal Procedure Code that required states to consult Centre on grant of remission or premature release in cases investigated by CBI or involving offences under Central acts.
The Bench, headed by Chief Justice Hl Dattu, dismissed the petition without giving reasons. As the case involved constitutional validity of Section 435(1) of CrPC, the apex court had on the earlier date issued notice to the Centre for seeking a response. The reply filed by Centre held that the provision clearly laid down three exceptions where the state cannot remit without consulting Centre - if the case was investigated by CBI or involved misappropriation or destruction of property belonging to Centre. The third exception related to an act by a person in the service of the Central Government, which was not relevant to the present case.
Nalini’s lawyer argued that the investigating agency should not become the criteria for grant of remission. This severely discriminated between two similarly placed prisoners where for a similar offence, one prisoner got relief as the case was investigated by State police while another convict was made to suffer on account of the case being handled by CBI.
When the counsel took the plea that no convict had taken this plea in the past, the bench objected to it saying, “We are not willing to entertain this submission.”