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:

"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.

"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.

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."

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.

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