The Madras high court on Tuesday turned down a plea by Nalini, convict in former prime minister Rajiv Gandhi's assassination, to grant an Indian visa to her daughter so that she could pursue her education in the country.
Justice Prabha Sridevan closed the petition filed by Nalini seeking a direction to the external affairs ministry to grant the visa for an year.
The judge took into consideration the fact that Nalini's daughter Megara had in late 2005 overstayed a three-month tourist visa by a month.
Besides, the government had examined her request and expressed its inability to grant the visa, MEA counsel P Wilson informed the court.
The judge, however, said the order would not come in the way of Nalini getting any other remedy in accordance with the law.
Nalini had given birth to her daughter on January 21, 1992 while in prison in Vellore. In her petition, Nalini contended that by virtue of her daughter being an Indian, she could be granted Indian citizenship under section 3(b) of the Citizenship Act of 1965.
She said Megara was sent to Sri Lanka due to factors beyond her control. Due to the situation in Sri Lanka, her daughter's education was being affected and she was unable to go to school for the past year.
Nalini and her husband, LTTE rebel Sriharan alias Murugan, were sentenced to death by a special court, and this was upheld by the Supreme Court.
However, at the intervention of Congress president Sonia Gandhi, Nalini's death penalty was commuted to life imprisonment.
Nalini contended her daughter's life is in danger.
She said her mother-in-law and daughter had applied for visas to visit India in May, but authorities had cleared only her mother-in-law's application.
Nalini said she intended to make a separate application for an Indian passport for her daughter.
