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12/27/23, 11:48 AM State of Tamil Nadu v. Nalini (1999 SCC) – LL.B Mania
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12/27/23, 11:48 AM State of Tamil Nadu v. Nalini (1999 SCC) – LL.B Mania
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India took up the role of conciliation, when approached by the
Sri Lankan government, to settle the disputes between the »
Tamil-speaking ethnic minority and the Government of Sri
Lanka. The Sri Lankan President Mr. Jayawardane and the
Indian Prime Minister along with Velluppilai Prabhakaran,
leader of the militant organization, Liberation Tigers of Tamil
Elam (hereinafter LTTE) signed the Indo-Sri Lankan Accord of
1987. The signing of the accord resulted in the deployment of
the Indian Peace Keeping Forces (IPKF). The IPKF posed a
threat to the struggle for a separate homeland, referred to as
the ‘Tamil Elam’. The former Prime Minister of India was a
major force behind the signing of the accord. Due to the
inhuman conduct met out by the Indian Peacekeeping Forces,
the minds of the militants were filled with hostility. This
resulted in the hatching of the conspiracy which would have
served as a deterrent for any government trying to suppress
the extremists of Sri Lanka.
Issues Raised
Points of Contention
i. That the appellants were not only involved in the
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12/27/23, 11:48 AM State of Tamil Nadu v. Nalini (1999 SCC) – LL.B Mania
i. That the appellants were not only involved in the
assassination of Rajiv Gandhi.
ii. That the appellants were involved in a conspiracy.
Critical Analysis
The premature release of the convicts has been questioned
and taken into account. The decision of the Supreme Court
regarding this is totally unacceptable and erroneous. This
case has reflected flaws in the Indian judicial system which
counts with the unprecedented delay in the trial of the
prisoners. The prisoners in most cases undergo their
punishment for several years without any trial or
investigation. It is not proven whether the person undergoing
trial is actually convicted of an offence. It also points out the
non-accountability and the arbitrary discretion on part of the
Governor holding powers of pardon under Article 161 of the
Indian Constitution. The Governor, even after the
recommendations from the Cabinet, did not provide assent to
the petitions for pardon. This adds to the untimely disposal of
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12/27/23, 11:48 AM State of Tamil Nadu v. Nalini (1999 SCC) – LL.B Mania
the cases. The blast took the lives of innocent people; the
accused should not have been released without completing
their punishment. But even after this, the prisoners cannot be
held back in the prison denying their fundamental rights
under Article 20 (Protection in respect of conviction for
offences) and Article 22 (Protection against arrest and
detention in certain cases). The Tamil Nadu government had
proposed the release of the seven inmates of the case, in
2000 as well as again in 2018, but the Governor
simultaneously refused to approve the release of the
prisoners.
While upholding the constitutional validity of the death
sentence, the court in its judgment had also held that the
State needs to accord for the “special reasons” as to why the
case fell in the “rarest of the rare” before announcing a death
sentence. The court must take into account the relevant
social and financial factors, such as the age of the accused
⋯
was not taken into account. Nalini who is a mother of an
infant child should have a bearing on the sentence passed. »
The oldest accused was 76 years old and two of the women
accused were mothers of minor child should have been
considered. It must also be shown that the accused could not
be reformed or rehabilitated under any circumstances and
would constitute a threat to society.
Conclusion
The arbitrariness and the irresponsible conduct of the courts
in disposing of the cases without proper investigation present
a fatal killing of justice to the accused involved in the case.
The case of the State of Nalini v. State of Tamil Nadu did not
fall into the ambit of the heinous crimes to be accorded a
death sentence. The mitigating factors were not taken into
consideration. Moreover, the executive power of the
Governor to decide upon the petitions for pardoning of
sentences is unfair as the Governor even refuses to take into
account the decision of the government.
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