Rajiv case convicts move HC for release - The New Indian Express

Rajiv case convicts move HC for release

Published: 24th November 2012 08:58 AM

Last Updated: 24th November 2012 08:58 AM

B Robert Pyas alias Kumaralingam and S Jayakumar, the life convicts in the Rajiv Gandhi assassination case, lodged in the Puzhal Central Prison, have moved the Madras High Court seeking their release.

A division bench comprising Justices C Nagappan and PR Shivakumar, before which the habeas corpus writ petitions from the duo came up for hearing on Friday, adjourned the matter till November 30.

The petitioners contended that their detention beyond 20 years in prison was illegal and violative of their fundamental right guaranteed under Article 21 of the Constitution.

Refusing to confirm the death sentence imposed by the trial court, the Supreme Court had imposed merely a sentence of imprisonment for life, which, as per the doctrine of merger, should be construed as life imprisonment, they pointed out.

Their cases would not fall under the excluded category of offences under sub-rule (3) of Rule 341 of the TN Prison Rules. Their conduct and behaviour were also good and there was no adverse reports against them. Hence, they were entitled as per law for release on completion of 20 years in prison, they argued.

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