ID :
212034
Mon, 10/10/2011 - 13:30
Auther :
Shortlink :
https://www.oananews.org//node/212034
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TN opposes plea to shift Rajiv's assassins' appeals out of HC
New Delhi, Oct 10 (PTI) The government of south Indian
state of Tamil Nadu on Monday opposed in the Indian Supreme
Court a plea to shift out of the Madras High Court the appeals
of three Rajiv Gandhi assassins, challenging their death
penalty on account of an 11-year delay in deciding their mercy
petition by the President.
Tamil Nadu's Additional Advocate General Gurukrishna
Kumar opposed the plea for transfer of the three convicts'
appeals out of the state high court, denying allegations made
before the apex court that the atmosphere in the state was too
"vitiated and surcharged" to hold a free and fair hearing in
the case.
Kumar also questioned the locus standi of petitioner L K
Venkat, seeking the apex court's direction for transfer of the
case out of Madras High Court to the Supreme Court.
Senior counsel Ram Jethmalani, appearing for the three
convicts on death row, also opposed the transfer plea on the
ground that Article 139A (relating to transfer of certain
cases) gives power only to the Attorney General of India or
the aggrieved parties to file a petition for transfer.
Venkat's counsel L Nandkumar, however, submitted that a
free and fair hearing of the proceedings cannot be held in the
Madras High Court owing to the "surcharged, hostile and
vitiated" atmosphere prevailing there.
After hearing the arguments by various parties, a bench
of justices G S Signhvi and S J Mukhopadhaya asked the state
to file a counter affidavit within a week and posted the
matter for further hearing to October 19.
The bench asked Tamil Nadu government to file a counter
affidavit on the plea for shifting appeals of the three
condemned prisoners in the assassination case out of the state
high court.
"Though the request made by the state additional
advocate general is unreasonable, we are granting time for
filing the counter affidavit," the bench said.
The judges were irked at Tamil Nadu government's request
as it had failed to reply till date to its September 15 notice
on plea.
On a petition by the three death row convicts, the
Madras High Court had earlier stayed their hanging and had
issued notices to the Centre and the Tamil Nadu government.
The three convicts--Santhan, Murugan and Perarivalan
alias Arivu--had challenged the sentence despite the same
having been upheld earlier by the apex court and the President
having rejected their mercy pleas subsequently.
Venkat subsequently had moved the apex court seeking
transfer of their appeals out of the state high court and the
apex court had issued notices on the petition to the state.
Venkat had alleged in his plea that the convicts'
appeals challenging their death sentences cannot be heard in a
free and fair atmosphere in the state as several supporters of
the banned LLTE were interfering with the functioning of the
judiciary by raising slogans in support of the convicts.PTI RB
AGL
state of Tamil Nadu on Monday opposed in the Indian Supreme
Court a plea to shift out of the Madras High Court the appeals
of three Rajiv Gandhi assassins, challenging their death
penalty on account of an 11-year delay in deciding their mercy
petition by the President.
Tamil Nadu's Additional Advocate General Gurukrishna
Kumar opposed the plea for transfer of the three convicts'
appeals out of the state high court, denying allegations made
before the apex court that the atmosphere in the state was too
"vitiated and surcharged" to hold a free and fair hearing in
the case.
Kumar also questioned the locus standi of petitioner L K
Venkat, seeking the apex court's direction for transfer of the
case out of Madras High Court to the Supreme Court.
Senior counsel Ram Jethmalani, appearing for the three
convicts on death row, also opposed the transfer plea on the
ground that Article 139A (relating to transfer of certain
cases) gives power only to the Attorney General of India or
the aggrieved parties to file a petition for transfer.
Venkat's counsel L Nandkumar, however, submitted that a
free and fair hearing of the proceedings cannot be held in the
Madras High Court owing to the "surcharged, hostile and
vitiated" atmosphere prevailing there.
After hearing the arguments by various parties, a bench
of justices G S Signhvi and S J Mukhopadhaya asked the state
to file a counter affidavit within a week and posted the
matter for further hearing to October 19.
The bench asked Tamil Nadu government to file a counter
affidavit on the plea for shifting appeals of the three
condemned prisoners in the assassination case out of the state
high court.
"Though the request made by the state additional
advocate general is unreasonable, we are granting time for
filing the counter affidavit," the bench said.
The judges were irked at Tamil Nadu government's request
as it had failed to reply till date to its September 15 notice
on plea.
On a petition by the three death row convicts, the
Madras High Court had earlier stayed their hanging and had
issued notices to the Centre and the Tamil Nadu government.
The three convicts--Santhan, Murugan and Perarivalan
alias Arivu--had challenged the sentence despite the same
having been upheld earlier by the apex court and the President
having rejected their mercy pleas subsequently.
Venkat subsequently had moved the apex court seeking
transfer of their appeals out of the state high court and the
apex court had issued notices on the petition to the state.
Venkat had alleged in his plea that the convicts'
appeals challenging their death sentences cannot be heard in a
free and fair atmosphere in the state as several supporters of
the banned LLTE were interfering with the functioning of the
judiciary by raising slogans in support of the convicts.PTI RB
AGL
