Asked about the State’s stand on the issue, People’s Union for Civil Liberties general secretary V. Suresh said the position of the Government in urging the Madras High Court to reject the petition of Nalini amounted to hiding behind technicalities.
“It is important to recognise that ‘commutation’ and ‘parole’ are two separate and distinct powers. Consultation with the Central Government is necessary only for commuting the sentence but not required for grant of parole. This position of law is well known to the State government law officers. It appears that they have deliberately filed such a counter in order to place the onus on courts rather than take a decision themselves. It is unfortunate that even exercise of ordinary powers of parole under the prison rules are being politicised. In this case, we must put behind the political considerations of Rajiv Gandhi’s assassination and decide the issue of parole on the basis of conduct of the convict in prison, and if she is entitled to parole under the existing rules. This is what ultimately rule of law is all about,” he said.
Mr. Suresh said the point that the Liberation Tigers of Tamil Eelam (LTTE) was no longer a force in Sri Lanka should be taken into consideration if the case had to be seen in its historic perspective.
“The inclination to avenge in the name of the victim is itself against the jurisprudence of crime and punishment which today, world over, places emphasis on reformation and rehabilitation and not indefinite incarceration.”
