Published: Friday, Nov 23, 2012, 18:57
IST
Place: Chennai | Agency: PTI
Two
Sri Lankan nationals, undergoing life imprisonment in the Rajiv Gandhi
assassination case, have filed habeas corpus pleas in the Madras High
Court,challenging their incarceration, after completing 20 years in prison.
In
their separate petitions, B Robert Payas and S Jayakumar contended that their
detention in prison beyond 20 years was illegal and violative of their
fundamental right under article 21 of the Constitution of India.
The
life convicts, presently serving their sentences at Puzhal Central Prison here,
contended that the date of release of prisoners sentenced to life, has to be
calculated as per rules 236 and 341 of Tamil Nadu Prison Rules, 1983.
Both
the rules specify that imprisonment for life for the purpose of calculation of
normal date of release shall be deemed to be sentences of imprisonment for 20
years,they said.
A
division bench, comprising justice C Nagappan and justice PR Shivakumar, posted
the matter for November 30.
Payas
and Jayakumar were arrested on June 10 and 11 respectively in 1991, in
connection with the case.
A
designated court had in 1998 imposed death penalty on 26 persons including
Payas and Jayakumar, which was later converted to life imprisonment by the
Supreme Court on May 11, 1999.
The
Advisory Board of Tamil Nadu government to decide on the premature release of
life convicts, convened on January 20, 2010, did not recommend in their favour.
