Nalini Sriharan petitions TN home secretary to release her under Article 161

CHENNAI/VELLORE: A day after the Supreme Court asked the Tamil Nadu governor to consider the mercy petition of Rajiv Gandhi assassination case convict A G Perarivalan, another key convict, Nalini Sriharan, petitioned the secretary to state home department to consider her mercy plea. She also withdrew her petition in the Madras high court, seeking six-month parole.
Nalini, in her petition, on Friday, said she had filed the mercy plea on February 22, 2014, requesting her release under the scheme of premature release of life convicts framed by Tamil Nadu.
Nalini said she had filed a writ petition before the Madras high court, seeking its intervention to direct the state home secretary to release her under Article 161 of the Constitution.
The high court put the petition on hold in July 2016 stating "the petition is disposed of and the first respondent (home secretary) is at liberty to consider the presentation of the petitioner dated 22.2.2014 in accordance with law subject to the outcome of petition (Crl) no 48 of 2014 (Perarivalan's petition)".
"Yesterday, the Supreme Court had disposed of the petition (WP -48 of 2014) making it clear that power of Article 161 of the constitution could be exercised by the Governor of TN in matter of release of life convicts involved in the Rajiv Gandhi assassination case," she said and pleaded with the home secretary to release her from the prison at the earliest as she was eligible under the premature release scheme.
Nalini had sought the parole to make arrangement for her daughter's wedding. Recording the request from Nalini's counsel, Justice P N Prakash permitted her to withdraw the plea. In December 2017, opposing her plea, the Tamil Nadu government filed a counter submitting that if granted parole, she might escape from lawful custody. It also submitted that Nalini's daughter was not a citizen of India and that she had not submitted any travel document of her daughter as proof of her proposed visit to India.