Arguing before Justice S Nagamuthu, hearing the petition filed by Nalini convicted in the Rajiv Gandhi assassination case seeking an early release, Advocate General G Masilamani submitted no one has the right to seek premature release unless the state decides to remit their sentence.

“It is an executive power of the state whether to remit the sentence or not,” he said.

He also submitted that the government is entitled to bring in certain classification for considering prisoners for premature release. It is open to the state whether to consult the Centre or not while granting remission to a prisoner who has been convicted under any Central act, he said.

On Nalini’s counsel S Doraisamy’s contention that the government had considered only ADGP (Prisons) recommendation while rejecting Nalini’s plea, Masilamani submitted that the government had taken the decision to reject Nalini’s plea only on the advice of the Advisory Board. However, he agreed with Doraisamy’s contention that only three members of the Board were present while taking a decision against Nalini’s plea, as against the stipulated seven.

Nalini had moved the High Court seeking premature release early this year, after being in jail for the last 17 years.