Subramnian Swamy Vs.
State of Tamil Nadu & Ors.  INSC 735 (13 April 2009)
JURISDICTION TRANSFER PETITION (CRL.) NO.512 OF 2008 SUBRAMANIAN SWAMY.
Petitioner(s) VERSUS STATE OF T.NADU & ORS. Respondent(s) ORDER 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.