Rajiv Gandhi Assassination- “Will Not Prejudice Security Of Nation”: Madras HC Allows Nalini, Sriharan To Video Call Family. NKJ bench order

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Rajiv Gandhi Assassination- “Will Not Prejudice Security Of Nation”: Madras HC Allows Nalini, Sriharan To Video Call Family

Nupur Thapliyal27 Jun 2021 11:00 AM
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Rajiv Gandhi Assassination- Will Not Prejudice Security Of Nation: Madras HC Allows Nalini, Sriharan To Video Call Family
The Madras High Court has recently allowed Nalini and her husband Sriharan, life convicts in Rajiv Gandhi assassination case, to call Sriharan’s mother and sister living in Sri Lanka and London respectively, on account of his father’s death in April last year.

Holding that the son who lost his father is entitled to have conversation through Video Call with his mother and sister, a division bench comprising of Justice N Kirubakaran and Justice VM Velumani observed thus:

Also Read – Delhi High Court Refuses To Modify Bail Condition Directing Accused To Stay 10 KMs Away From Prosecutrix’s Home In POCSO Case
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“Allowing the convict to speak to his mother for 10 minutes atleast for 10 days will not in any way prejudice the security of the nation.”

The Court further observed thus:

“If the relatives are unable to come over to India to meet the prisoner due to lack of funds or circumstances, it cannot be put against the prisoners. Already the convicts are incarcerated for more than 28 years.”

The development came in the plea filed by Nalini’s mother seeking permission from the authorities to grant permission to her daughter and son in law for talking to his mother and sister everyday for 10 minutes. Allowing the plea, the Court directed the two to have video calls for about 20 minutes on every alternate day for 10 days.

Also Read – Whether Rejection Of Application For Amendment of Counter-Statement Constitutes An ‘Interim Award’: Calcutta High Court Explains
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“In extra ordinary circumstances like the demise of family members, especially father, the authorities should approach the issue humanely and not based on law alone and allow the prisoners to have talk with his mother and sister atleast for 10 days.Furthermore, when the co- prisoners are enjoying the benefits of speaking with their friends and relatives, the said privilege cannot be denied to Mr.Sriharan @ Murugan and Mrs.Nalini on the ground that his mother and sister are in foreign countries, as the same not only violates Article 14 but also Article 21 of the Constitution and the basic human rights.” Court said.

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The Court also opined that the mental personality of the prisoner would not be normal and proper, if he is deprived even to speak to his grieving mother, who herself has lost her husband.

In view of this, the Court directed thus:

“State authorities are directed to make necessary arrangements to make the prisoners viz., S.Nalini, wife of Thiru.Sriharan confined in the Special Prison for Women, Vellore and Sriharan @ Murugan, son of Late Vetrivel confined in the Central Prison, Vellore, to enable them to talk to Somani Ammal and Raji over WhatsApp Video for about 20 minutes on every alternate day for 10 days, after ascertaining the identity of the mother and sister of within a period of two weeks.”

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However, the Court clarified that the conversation shall be videographed by the authorities and if there is any deviation in their conversation, apart from family matters, the authorities are at liberty to disconnect the call.

Former prime minister Rajiv Gandhi was assassinated by a LTTE suicide bomber during an election rally at Sriperumpudur near here on May 21, 1991.

According to a common counter affidavit filed on behalf of the State Government and Prison authorities, the was submitted that there is no provision either in Tamil Nadu Prison Rules, 1983 or in Government Orders’ to allow a prisoner to make a video call or voice call to any persons in any foreign country.

It was also stated that since the issue involves two foreign countries, the matter has to be decided only by the Ministry of External Affairs, Government of India and that the State Government cannot take any unilateral decision.

On the other hand, submitting that the video calls may be recorded, it was stated on behalf of the petitioner that it is the fundamental right of the prisoners under Article 21 to socialize with the members of his family and that such right is an integral part of right of the prisoner as enshrined under Article 21.

Considering the facts of the case, the Court opined thus:

“Merely because they are heinous criminals, it does not mean that Court should also reciprocate in the same manner. For the crime committed by them, they are undergoing imprisonment for almost 28 years. The issue involved in the present case has to be considered only on humanitarian grounds and not based on law alone.”

Furthermore, it said:

“The grief should also be shared when an important family member is lost. Grieving due to loss of family members is a part of human life and its emotion on any human being should be expressed or ventilated to the other family members and not allowing the convict in those circumstances to have a word with the family members would amount to de-humanizing the prisoner and suppressing his emotions and it would also amount to cruelty.”

“It is too far fetched to contend that the grieving family member, due to loss of his father speaking to his mother or sister in a foreign country would jeopardize or be detrimental to the ongoing investigation.” The Court said further.

“If the convicts are not permitted to have conversation with their grieving family members, it would amount to violation of Article 14, 19 and 21 of the Constitution of India and it would also de-humanize the convicts who have already grieved because of the loss of his father and father-in-law.” The Court said.

Title: Padma v. State of Tamil Nadu & Ors.

Click Here To Read Order

TAGSRAJIV GANDHI ASSASINATION NALINI SRIHARAN MADRAS HIGH COURT VIDEO CALL RAJIV GANDHI MURDER CASE JUSTICE KIRUBAKARAN JUSTICE VM VELUMANI
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Delhi High Court Refuses To Modify Bail Condition Directing Accused To Stay 10 KMs Away From Prosecutrix’s Home In POCSO Case

Nupur Thapliyal28 Jun 2021 10:26 PM
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Delhi High Court Refuses To Modify Bail Condition Directing Accused To Stay 10 KMs Away From Prosecutrixs Home In POCSO Case
The Delhi High Court has refused to modify a trial court’s bail condition imposed on an accused who was granted bail in a POCSO case directing him to stay 10 KMs away from the residence of prosecutrix till further orders, after the same was modified by the trial court thrice.

The petitioner accused had approached the High Court for relaxing the bail condition after the same was modified by the Sessions Judge considering the health condition of the accused person by reducing the distance of 25 kms. to 10 kms. The Trial Court had relaxed the condition on three occasions.

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Observing that the petitioner was not justified in repeatedly approaching the courts for modifying the bail conditions, a single judge bench comprising of Justice Subramonium Prasad observed thus:

“The repeated attempts on the part of the petitioner is nothing but an abuse of the process of law. However, this should not be taken as a total prohibition on the part of the petitioner to approach the courts for relaxation of conditions if there is a material change in circumstance.”

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Furthermore, it said:

“It is well settled that in exercising its jurisdiction under Section 482 CrPC, the High Court does not in absence of perversity upset the judgement of the courts below. The judgment of the learned Additional Sessions Judge impugned in the present petition cannot be said to be perverse.”

The petition was filed challenging three orders passed by the Sessions Judge with regards to a FIR filed under sec 323, 354, 354B, 506, 509 and 34 IPC read with sec. 10 and 12 of the POCSO Act.

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While granting regular bail to the petitioner, the trial court had imposed the condition directing that “He shall stay away at least a distance of 25 KM from the residence of the prosecutrix for the time being till further orders.”

The condition was relaxed by the trial court vide order dated 25th January 2021 considering the fact that the petitioner had undergone a heart surgery and permitted him to stay in his house for a period of one month.

To more applications were moved by the petitioner after which the trial court had relaxed the condition and directed the petitioner to stay 10 kms. away from the house of the prosecutrix for post-surgery care.

Considering the facts of the case, the Court observed thus:

“On a perusal of the facts of the case, it cannot be said that the orders passed by the learned Trial Court is without considering the relevant factors. The Court cannot brush aside the statement by the prosecutrix made under Section 164 CrPC stating that the petitioner has threatened her and her family.”

“Unless the finding of the court below whose decision is sought to be challenged either in the revisional jurisdiction or under Section 482 CrPC is shown to be perverse or untenable in law or is grossly erroneous or glaringly unreasonable or where the decision is based on no material or where material facts are wholly ignored or where the judicial discretion is exercised arbitrarily or capriciously, the High Court would not interfere with its decision exercising its jurisdiction under Section 482 CrPC.”

With the aforesaid observations, the Court dismissed the plea.

Title: SUBHASH v. STATE (NCT OF DELHI)

Click Here To Read Order

TAGSDELHI HC BAIL CONDITION PROSECUTRIX POCSO CASE
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