http://youtube.com/post/UgkxcZmNMLkS5tMQQ_rUoiLJhINoMMUk5115?si=fA_qs61nxHQeqw3T [20/06, 20:37] sekarreporter1: Supreme Court seized of granting leave to convicts pending appeal, amicus curiae informs five-judge Larger Bench of Madras High Court Senior Counsel Abudu Kumar Rajaratnam informs the Larger Bench that the matter was listed last before the Supreme Court

[20/06, 20:37] sekarreporter1: http://youtube.com/post/UgkxcZmNMLkS5tMQQ_rUoiLJhINoMMUk5115?si=fA_qs61nxHQeqw3T
[20/06, 20:37] sekarreporter1: Supreme Court seized of granting leave to convicts pending appeal, amicus curiae informs five-judge Larger Bench of Madras High Court
Senior Counsel Abudu Kumar Rajaratnam informs the Larger Bench that the matter was listed last before the Supreme Court in April 2024, and is still pending adjudication

Amicus curiae Abudu Kumar Rajaratnam has informed the Larger Bench of the Madras High Court that until the Supreme Court decides the issue, the convicts in Tamil Nadu could be granted leave irrespective of their pending appeals against conviction.

The Supreme Court is seized of the issue of granting ordinary or emergency leave to convicts whose appeals against conviction are pending before appellate courts, amicus curiae Abudu Kumar Rajaratnam told a Larger Bench of the Madras High Court on Friday (June 19, 2026).

He made the submission before the Larger Bench consisting of Chief Justice Sushrut Arvind Dharmadhikari and Justices C.V. Karthikeyan, A.D. Jagadish Chandira, M. Nirmal Kumar, and Sunder Mohan who had taken up a reference made to them by a Division Bench of Justices N. Sathish Kumar and M. Jothiraman.

Indian Express
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Convict parole pending appeal: Five-judge bench reserves orders
The issue is whether leave under TN Suspension of Sentence Rules, 1982, can be granted under Article 226 of the Constitution when appeal against conviction is pending.

CHENNAI: The Madras High Court has reserved orders on a reference made by a division bench on whether parole can be granted to convict-prisoners when their appeal against the conviction is pending either before the high court or the Supreme Court.

After hearing the submissions of amicus curiae Abudu Kumar Rajaratnam and the respective advocates on Friday, the larger bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justices C V Karthikeyan, Jagadish Chandira, Nirmal Kumar and Sunder Mohan reserved orders.

The issue is whether leave under TN Suspension of Sentence Rules, 1982, can be granted under Article 226 of the Constitution when appeal against conviction is pending. Also, if power to exempt its Rule 40 can be exercised by the state to give leave outside the scope of these rules when appeal is pending in the light of the SC decision in KM Nanavati vs State of Bombay case. Rajaratnam informed that a similar case has been pending before the SC, and the TN government has been impleaded in it. He suggested the bench keep the matter pending until the SC takes a decision.