Madras HC moved against bail plea of Rajiv assassination convict

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A Congress district president in Tamil Nadu has moved the Madras High Court against granting bail to Nalini Sriharan, convicted for the assassination of former Prime Minister Rajiv Gandhi.

Nalini moved the Madras High court on Tuesday for bail.

M.A. Muthalagan, Madras South district president of the Congress party in his plea said that Nalini was not only convicted in the assassination of Rajiv Gandhi but also involved in a conspiracy that had direct bearing on the sovereignty, security, and political independence of India.

He also said that granting bail to a person who had conspired with international terror organisations like the Liberation Tigers of Tamil Eelam (LTTE) would give a wrong message to the society.

The Congress leader in the petition said that the Rajiv Gandhi assassination convicts had moved court several times on one or the other pretext for commuting of sentence as well as to get parole.

Muthalagan said, “it is needless to say that once the person is convicted and the same is confirmed by the apex court, the remedy lies only with the government and in this case it lies with the Union government.”

He also said that the concept of a convict seeking bail was alien to the Criminal Procedure Code (CrPC). The Congress office-bearer also said that while considering the case of A.G. Perarivalan, the court had not assigned any reason for consideration but had granted bail only with the special power conferred upon the court.

The impleading petition filed by Muthalagan is likely to be taken up for hearing by the first bench of the Madras High Court represented by Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy on March 24.

The Madras High Court on Tuesday had told Nalini to approach the Supreme Court for bail.

Pointing out that the provisions of the law do allow bail in case of registration of a case or arrest or suspension of sentence, the bench asked as to what provisions provide for granting of bail to a convict when there is no special leave petition pending.

The advocate of Nalini, Radhakrishnan referred to a particular judgment of the Supreme Court allowing bail to convicts if mercy plea is pending. However, he was not able to provide a copy of the order when the high court bench sought it.

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