Prisoners Rights Forum, v. State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.3737 of 2011 and M.P.No.1 of 2011 Prisoners Rights Forum, rep. by its Director P.Pugalenthi, No.5, 4th Floor, Sunkurama Street, Chennai-600 001.

.. Petitioner -vs1.State of Tamil Nadu, rep. by the Secretary to Government, Home Department, Secretariat, Chennai-600 009.

2.The Additional Director General of Prisons, Thalamuthu Natarajan Maligai, Gandhi Irwin Road, Egmore, Chennai-600 008.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records in G.O.Ms.No.1155 Home (Prison,IV) Department, dated 11.09.2008 and quashing the stipulation "the prisoners who were awarded death penalty and whose sentence was later commuted to life imprisonment by the appellate court" contained in clause (i) (b) of Paragraph 1 of G.O.Ms.No.1155 dated 11.09.2008 and directing the respondents to consider the life convicts who fulfill all other conditions contained in the said G.O. for premature release.

For Petitioner :

Mr.M.Radhakrishnan For Respondents :

Mr.S.T.S.Murthi Government Pleader assisted by Mr.V.R.Kamalanathan Addl. G.P. For R1 & R2 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The learned counsel for the petitioner states that the Government Order assailed in question has already been set aside by the Division Bench of this Court in Habeas Corpus Petition No.1894 of 2008, decided on 29.04.2009 (Banumathy v. The State, rep. by Secretary to Government, Department of Home, Fort St. George, Chennai-9 and another), albeit on some other grounds. He, thus, states that the present petition may be closed accordingly.

2. Ordered accordingly. No costs. Consequently, M.P.No.1 of 2011 is also closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar bbr To 1.The Secretary to Government, Home Department, Secretariat, Chennai-600 009.

2.The Additional Director General of Prisons, Thalamuthu Natarajan Maligai, Gandhi Irwin Road, Egmore, Chennai-600 008.

+1cc to Mr.M.Radhakrishnan, Advocate Sr.40127 W.P.No.3737 of 2011 pa[co] srg 27/07/2016 https://hcservices.ecourts.gov.in/hcservices/