Petitioner sought writ directing Union Govt to recall a mercy petition for his son, detained in Karnataka, alleging delay. Court held petition not maintainable due to lack of jurisdiction and legal bar, but directed Union Govt to expedite pending mercy proceedings.
None granted; however, respondent directed to expedite disposal of pending mercy petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 07TH DAY OF JULY 2020 / 16TH ASHADHA, 1942
WP(C).No.7705 OF 2019(K)
PETITIONER:
C.I.BABU, AGED 71 YEARS CHERUVALLATHU HOUSE, S H MOUNT, KOTTAYAM 686 006
BY ADVS. SRI.SEBASTIAN PAUL SRI.S.VIJAYAKUMAR (NALLOOR) SMT.LIZAMMA AUGUSTINE SMT.VARADA SURENDRAN
RESPONDENT:
UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NDCC II BUILDING (4TH FLOOR), JAI SINGH ROAD, NEW DELHI 110 001.
R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
OTHER PRESENT:
SRI. P.VIJAYAKUMAR, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Dated this the 7th day of July, 2020
J U D G M E N T
Petitioner, who is the father of convict prisoner No. 17002 detained in Central Prison, Bangalore seeks issue of writ of mandamus to the respondent-Union Government of India directing it to send back Ext.P1 representation to the Hon'ble President of India with suitable recommendations.
647 of 2001 in the court of the City Fast Track Sessions Judge, Bangalore (FTC II) and by judgment dated 16.06.2006, he was convicted and sentenced for offence punishable under Section 489A IPC. It is said that he has already completed 15 years in jail without any break.
26.10.2015 to the Hon'ble President of India praying for commutation of sentence of imprisonment for life invoking either of the provisions under Section 55 of IPC, Section 433 Cr.P.C and Article 72(1)(b) of the Constitution of India.
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despite the matter being in the seisin of the Union Government since 2015.
maintainability of the writ petition submitted that the writ
of mandamus in the nature sought for, can not be issued. It is said that Ext.P1 representation was forwarded to Government of Karnataka with request to place the same
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before the Governor of Karnataka for consideration under Article 161 of the Constitution of India and to send a comprehensive report with necessary materials in the event of the rejection of the representation by the office of the Governor, for the reconsideration of the Hon'ble President under Article 72 of the Constitution of India.
On the facts set out before me, the argument appears to
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be sound. The petitioner's son is undergoing sentence in a jail in the State of Karnataka. He was tried by a Sessions Court of the State of Karanatka and in my view, therefore, the cause of action in this matter could be said to have arisen only within the State of Karnataka.
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years, earnest steps have not been taken to see that the matter is expedited as early as possible. Considering the delay in disposal of the matter, I am of the opinion that, the respondent shall take all possible efforts to see that the matter is expedited at the earliest point of time so that the person who has pleaded for mercy of the Hon'ble President could be informed of the outcome of the proceedings at least at this distant point of time.
In the result, this writ petition is dismissed. While dismissing this writ petition, I express my hope that the respondent will take all possible and effective steps to see that Ext.P1 representation pending before the State of Karnataka, is expedited and disposed of at the earliest.
(Sd/-) T.V. ANILKUMAR, JUDGE
LU/07.07.2020.
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MERCY PETITION DATED 2610-2015 SENT TO THE PRESIDENT OF INDIA. EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 09-112015 RECEIVED FROM THE PRESIDENT'S SECRETARIAT.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 10-06-2016 SENT BY DR SEBASTIAN PAUL, FORMER MEMBER OF PARLIAMENT, TO THE RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 11-07-2016 RECEIVED FROM THE RESPONDENT IN REPLY TO EXT P3.
// True Copy // PA to Judge
3 issues framed by the court
Whether a writ of mandamus can be issued directing Union Government to recall a mercy petition forwarded to the State Government.
Whether this Court has territorial jurisdiction to entertain a writ petition regarding a convict detained in a jail in Karnataka.
What directions, if any, can be given regarding the delay in disposal of the mercy petition.
Colour shows how this judgement treated each authority
The Registrar v. K.G. ViswanathanReferred¶8
The Registrar v. K.G. viswanathan (2014(4) KHC 451)
C.I. Babu
Union of India
T.V. Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
