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Showing contexts for: SUBRAMANIAN SWAMY in S.Nalini Srikaran vs State Of Tamil Nadu on 6 April, 2010Matching Fragments
33. As a matter of fact, it is to be stated here that pending W.P.No.41020 of 2006 filed by her, (which is the subject matter in the present writ appeal), the petitioner has also filed W.P.No.11118 of 2008, challenging the validity of G.O.(D) No.1303, Home (Prison-IV) Department, rejecting her request for premature release on the basis of the recommendations of the Additional Director General of Prison, Chennai and further praying to direct the respondents to order her premature release from the prison. This writ petition was listed along with two other writ petitions in W.P.Nos.15842 and 15892 of 2008, respectively filed by S.Jeyakumar and Robert Payas @ Kumaralingam, who are also similarly placed as that of Mrs.Nalini. During the pendency of W.P.No.11118 of 2008, Dr.Subramanian Swamy, the former Minister of Law and Justice and the President of Janata Party, has filed a petition in M.P.No.3 of 2008, praying to implead him as a party respondent to the above said W.P.No.11118 of 2008, opposing the claim of Mrs.Nalini. The learned single Judge, by the order dated 14.8.2008, dismissed the said application for impleading, but permitted Dr.Subramanian Swamy to assist the Court on the issues involved under the nomenclature 'Public Representator'.
34. The learned single Judge, by a common order dated 24.9.2008, has disposed of all the above said three writ petitions, quashing the proceedings of the Advisory Board and the Government Orders and remitted the matter back to the Advisory Board for re-consideration. Challenging the said order of the learned single Judge, Dr.Subramanian Swamy has preferred Writ Appeal No.1464 of 2008 before this Court. Though, along with the said writ appeal, he has filed a petition to stay the operation of the order of the learned single Judge, no such order was passed.
35. When the present Writ Appeal and the said Writ Appeal No.1464 of 2008 filed by Dr.Subramanian Swamy were taken up for consideration, there was also a request from the convict prisoner Mrs.Nalini to permit her to appear in person and argue her case. When things stood thus, after considering the common order of the learned single Judge in W.P.No.11118 of 2008 etc., dated 24.9.2008, the Government have issued orders amending Rules 335, 337, 339 and 341 of the Tamil Nadu Prison Rules, 1983, constituting a revised Advisory Board in G.O.Ms.No.687, Home, dated 19.8.2009; G.O.Ms.No.68, Home, dated 19.8.2009 and G.O.Ms.No.962, Home, dated 11.11.2009 and the Advisory Board consisting of the District Collector of Vellore (Chairman); the Principal Sessions Judge, Vellore; the Superintendent of Prisons (i/c), Special Prison for Women, Vellore and the Regional Probation Officer, Vellore, in its meeting held on 20.1.2010, has found the case of Mrs.Nalini 'Not fit' for recommendation on premature release and the Government, after considering the said report and also the other circumstances, has issued G.O.(D) No.313, Home (Prison-IV) Department, dated 24.3.2010, rejecting the request of Mrs.Nalini for her premature release.