Life convicts release: TN Govt told to file counter in 2 weeks
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Last Updated: Monday, March 29, 2010, 20:13
  
Chennai: The Madras High Court on Monday directed the Tamil Nadu government to file a counter affidavit in two weeks on a petition by Janata Party President Dr Subramanian Swamy seeking to quash a September 11, 2008 Government Order releasing 1405 life convicts on Sept 15, 2008 on the occasion of DMK party founder late C N Annadurai's birth anniversary.

Earlier, Swamy appeared in person and sought early hearing of his petition filed about 18 months ago. He pointed out that while the petition had been admitted by the High Court, the state government was yet to file its counter affidavit.

In its order, a Division Bench comprising Chief Justice H L Gokhale and Justice V Dhanapalan also directed Swamy to file a rejoinder to the government affidavit two weeks after the government filed its counter and posted the petition for hearing on June 14.

Claiming that convicts' release contravened provisions of Sec 433 and 433A of CrPC, Swamy charged the state government with not taking necessary steps to obtain reports from the authorities concerned on each of the convicts to be released.

The government had 'indiscriminately and arbitrarily' applied a seven-year minimum period of imprisonment as a criteria for release of the convicts without reference to any legal provisions, Swamy contended and added the decision was 'illegal unreasonable and ultra vires of Article 14 of the Constitution.

PTI


First Published: Monday, March 29, 2010, 20:13


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