A.P.GowdhamaSidharthan, v. The Secretary to Government
Case brief
What is this about?
In a PIL filed under Article 226 Constitution, the Madras High Court examined territorial jurisdiction. Finding the cause of action arose in Calcutta and the petitioner was in Delhi, the Court held it lacked jurisdiction to interfere with incarceration by the Supreme Court in Calcutta and dismissed the petition.
What did the court decide?
Writ petition not entertained; W.M.P. No. 32747 of 2017 is closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.12.2017 CORAM The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MRS.JUSTICE R.HEMALATHA
W.P.No.30140 of 2017 and W.M.P.No.32747 of 2017
A.P.Gowdhama Sidharthan .. Petitioner-in Person
vs. 1.The Secretary to Government, Office of the President of India, Rashtrpathi Bhavan, New Delhi – 110 004. 2.The Secretary to Government, Department of Law and Justice, Government of India, Sastri Bhavan, New Delhi – 110 001. 3.The Secretary General, National Commission for Human Rights, Manav Adhikar Bhavan, INA, New Delhi – 110 023. 4.The Secretary, National Commission for Scheduled Castes, Lok Nayak Bhavan, New Delhi – 110 003. 5.The Secretary to Government, Union Ministry of Social Justice and Empowerment, Shastri Bhavan, New Delhi – 110 001. 6.The Superintendent, Presidency Jail, Alipore, Calcutta. .. Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the first respondent to consider the representation dated 1.9.2017 seeking to take necessary steps for the immediate release of Mr.Justice C.S.Karnan from the Presidency Jail, Alipore, Calcutta.
For Petitioner : Mr.A.P.Gowdhama Sidharthan
Petitioner-in-person
Issues for consideration
2 issues framed by the court
Whether the Madras High Court has territorial jurisdiction to entertain a writ petition filed by a petitioner from Madras seeking release of a person from Presidency Jail, Calcutta?
Whether the cause of action arose within the jurisdiction of the Madras High Court?
Parties & counsel
- petitioner
A.P. Gowdhama Sidharthan
- respondent
Secretary to Government, Office of the President of India
- respondent
Secretary to Government, Department of Law and Justice, Government of India
- respondent
Secretary General, National Commission for Human Rights
- respondent
Secretary, National Commission for Scheduled Castes
Case details
As recorded by the court registry
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