The Madras High Court on Tuesday said it could not fathom the reluctance shown by the Superintendent of Vellore Central Prison in producing S. Nalini, a life convict in the assassination of former Prime Minister Rajiv Gandhi, before the court to argue a case seeking ordinary leave for six months to make arrangements for the marriage of her daughter, residing in London.
A Division Bench of Justices M.M. Sundresh and M. Nirmal Kumar said every litigant, including convicts, had the right to appear before the court and argue their case in person without engaging a lawyer, and such a right could not be denied to the present convict alone by just citing the heavy police security that may have to be provided for her production in court. If provision of security arrangements during court hours was the reason for the inhibition to produce her, the judges said they were ready to hear the case even during the evening hours, if required.
Additional Public Prosecutor C. Ayyapparaj told the court that even that may not be possible. He added that the convict had filed many cases in the High Court as well as the Supreme Court in the last two decades, seeking premature release from prison, and a majority of those cases were argued by her counsel M. Radhakrishnan and P. Pugalendhi. Only for this case, she was suddenly insisting on personal appearance.
After finding that the court was steadfast on its views, the APP suggested that the life convict could be allowed to argue the case through video conferencing from the central prison. Accepting the suggestion reluctantly, the judges directed the prison superintendent to ascertain whether the convict was agreeable to the suggestion.
