Madras High Court
Dr.Subramanian Swamy vs The State Of Tamil Nadu on 16 August, 2016
Bench: Sanjay Kishan Kaul, R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.08.2016 CORAM : The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.22616 of 2008 Dr.Subramanian Swamy .. Petitioner -vs- 1.The State of Tamil Nadu Rep. By Chief Secretary, Public Department, Fort St. George, Chennai 9. 2.The Secretary to Government, Home Department, Fort St. George Building, Chennai 9. 3.The Inspector General of Police, Madras. .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certioarri to call for the records relating to G.O. D.No.1155, Home Prisons IV, dated 11.9.2008 issued by the 3rd respondent and quash the same. For Petitioner : Mr.R.Ravi For Respondents : Mr.T.N.Rajagopalan Spl.G.P. * * * * * O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner expressed concern on account of en masse release of 1405 life convicts vide G.O. dated 11.09.2008 fixing the date as 15.09.2008 for political reasons. The petitioner canvassed that these convicts have been released only after seven years in prison and the remission granted to the 1405 convicts is not in the welfare of the Society.
2.It transpired, however, that no interim orders restraining the release were passed and that, persons stand released eight years ago. We are, thus, of the view that really speaking no practical purpose would be served by continuation of this proceeding, as it cannot be really said that now those people have to be brought back into jail.
3.We appreciate that there is legal concern expressed by the petitioner, but various judicial pronouncements have been made qua such release. We, thus, consider it appropriate to leave the question of law open if the petitioner wants to urge some aspects, while closing the present proceedings.
4.Writ petition is, accordingly, closed. No costs.
(S.K.K., CJ.) (R.M.D., J.) 16.08.2016 Index : Yes/No Website : Yes/No sra To
1.The Chief Secretary, State of Tamil Nadu Public Department, Fort St. George, Chennai 9.
2.The Secretary to Government, Home Department, Fort St. George Building, Chennai 9.
3.The Inspector General of Police, Madras.
The Hon'ble Chief Justice and R.Mahadevan, J.
(sra) W.P.No.22616 of 2008 16.08.2016