Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRL.) NO.512 OF 2008
SUBRAMANIAN SWAMY. Petitioner(s)
VERSUS
STATE OF T.NADU & ORS. Respondent(s)
O R D E R
Heard the petitioner, who appeared, in person.
The petitioner has filed a public interest litigation alleging that large scale
persons are being released from various prisons in the State of Tamil Nadu,
without complying with the provisions of Section 433-A of the Criminal
Procedure Code and a writ petition is pending in the High Court. The petitioner
herein seeks transfer of that writ petition, pending before the High Court to this
Court by way of this petition on the ground that a similar petition has been filed
in respect of the State of Andhra Pradesh, which is pending in this Court. The
case, which is pending in the Andhra case, is not similar to the petition filed by
the petitioner. In our opinion, the High Court, after hearing the contentions
raised by the petitioner, will dispose of the matter on merits. We, therefore, see
no reason to allow the transfer of the matter pending before the High Court to
this Court. Accordingly, the Transfer Petition is rejected. However, the
petitioner would be at liberty to raise all his contentions before the High Court.
..................CJI.
(K.G.BALAKRISHNAN)
....................J.
(P.SATHASIVAM)
NEW DELHI;
13TH APRIL, 2009.