Deepali Kalia-
Madras High Court permitted life convicts in Rajiv Gandhi assassination case, Nalini and her husband Sriharan to video call Sriharan’s mother and his sister, given Sriharan’s father’s death in April 2020.
A division bench of Justice N Kirubakaran and Justice VM Velumani stated that “Allowing the convict to speak to his mother for 10 minutes at least for ten days will not in any way prejudice the security of the nation.”
While hearing the plea filed by Nalini’s mother, which sought permission to her daughter and son-in-law, so that they could talk to his mother and sister for 10 minutes, the Court said, “In extraordinary 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 talked with his mother and sister at least or 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.”
The Court, therefore, directed hence, “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 two weeks.”
However, the Court also stated that the calls shall be video graphed, and if found talking about anything other than family matters, the Court allowed authorities to disconnect the call.