Today 20.02.2020, before Court hall.3, Nalini’s case came up as item no.34. Where nalini’s counsel filed a written submission before the Honble Bench consisting of Hon’ble Justice subbiah and Justice Pongiappan Stating that after the recommendation passed by the council of ministers of government of Tamilnadu, the Hon’ble governor has not taken any action on that, however once the recommendation is given and immediately from the next day onwards the custody of the prisoners becomes illegal. State was represented by State Public Prosecutor Mr.A.Natarajan. State PP argued that the conviction was confirmed by Hon’ble supreme court finally and therefore the confinement in the prison is amounting to legal detention and therefore no question of illegal detention arises. State PP further argued that Habeas Corpus petition itself not maintainable and will not have any remedial power for this case as per the latest judgement of Hon’ble supreme court decided on last month.State PP informed the court that the state government intention is to cosider the requisition of the detenue but it has no powers to do so in this case and so that it is the reason the council of minister recommended for remission. After hearing the arguments the Court has reserved the case for orders.
Today 20.02.2020, before Court hall.3, Nalini’s case came up as item no.34. Where nalini’s counsel filed a written submission before the Honble Bench consisting of Hon’ble Justice subbiah and Justice Pongiappan Stating that after the recommendation passed by the council of ministers of government of Tamilnadu, the Hon’ble governor has not taken any action on that, however once the recommendation is given and immediately from the next day onwards the custody of the prisoners becomes illegal. State was represented by State Public Prosecutor Mr.A.Natarajan. State PP argued that the conviction was confirmed by Hon’ble supreme court finally and therefore the confinement in the prison is amounting to legal detention and therefore no question of illegal detention arises. State PP further argued that Habeas Corpus petition itself not maintainable and will not have any remedial power for this case as per the latest judgement of Hon’ble supreme court decided on last month.State PP informed the court that the state government intention is to cosider the requisition of the detenue but it has no powers to do so in this case and so that it is the reason the council of minister recommended for remission. After hearing the arguments the Court has reserved the case for orders.
