The Supreme Court on Monday declined to entertain a writ petition filed by Nalini Sriharan, convicted in the Rajiv Gandhi assassination case, challenging Section 435 CrPC which provides for consultation with the Centre before a State government exercises its powers of remission to release a life convict.
The apex court had stayed the order passed by the Tamil Nadu government directing the release of the death row and life term convicts in the case.
On Monday, a three-judge Bench comprising Chief Justice H.L. Dattu and Justices Madan B. Lokur and A.K. Sikri refused to entertain the petition after hearing counsel M. Radhakrishnan.
Ms. Nalini said she has been undergoing imprisonment for life in the Special Prison for Women, Vellore. She has already served more than 23 years and is awaiting release under the scheme for premature release of life convicts available in Tamil Nadu.
As per Section 435 (1) (a) of the CrPC, a State government cannot exercise its powers under Sections 432 and 433 of the CrPC except after consultation with the Central Government if the State government wants to remit or commute a sentence in a case investigated by the CBI.
