Librian Lobo v. The State Of Tamil Nadu

In the High Court of Judicature at Madras Dated: 23.11.2015 Coram The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.298 of 2014 Librian Lobo .... Petitioner Vs.

1. The State of Tamil Nadu, represented by its Secretary Department of Home, Fort St. George, Chennai - 600 009.

2. The Secretary Department of Home, Government of Karnataka, Bangalore.

.... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents to transfer the detenu Pappachi @ Papanna @ Papural, son of Sowrappa, aged 50 years, lifer C.No.27178, now confined at Central Prison, Vellore to Central Prison, Bangalore to secure the ends of justice.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.A.N.Thambidurai, Addl. Public Prosecutor ----------

O R D E R

(Order of the Court was made by R.SUDHAKAR,J.) This Habeas Corpus Petition is filed by the son-in-law of the detenu, who is a life convict in Central Prison, Vellore, seeking to transfer the detenu to Central Prison, Bangalore.

2. It is seen that the Additional Director General of Police, Chennai had made a request to the Government of Karnataka for transferring the detenu on reciprocal basis. In response to the said letter, the Government of Karanataka, vide https://hcservices.ecourts.gov.in/hcservices/

letter dated 12.06.2015 in No.J1/R.T./DR-61/2009-10 states that the Bangalore Central Prison is highly over-crowded and that at present there are 4400 prisoners as against the sanctioned strength of 2100 prisoners. Besides, they have also stated that it is not possible to take the said prisoner due to his antecedents and his life will also be under threat. They further state that he is involved in offences at Bangalore also. Hence, the Government of Karnataka rejected the request made by the Government of Tamil Nadu for transferring the detenu.

3. In view of the above, we are not inclined to entertain this petition. Accordingly, this Habeas Corpus Petition stands dismissed granting liberty to the petitioner to renew his plea, if situation so warrants.

sl Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The State of Tamil Nadu, represented by its Secretary Department of Home, Fort St. George, Chennai - 600 009.

2. The Secretary Department of Home, Government of Karnataka, Bangalore.

3. The Public Prosecutor, High Court, Madras. NM/CO KR/10/12 H.C.P.No.298 of 2014 https://hcservices.ecourts.gov.in/hcservices/