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G.R.SWAMINATHAN
V. Radhakrishnan – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Shri. Veerakathiravan, Senior Counsel for Shri. C. Jeganathan, Advocate
For the Respondents:Shri. A. Robinson, Government Advocate (Crl. Side)

ORDER

G.R. Swaminathan, J.—The writ petitioner was a death row convict. Following the acceptance of his clemency petition, the death sentence was commuted to life imprisonment with a condition that he shall remain in prison for the whole of the remainder of his natural life. There shall be no remission of the term of imprisonment. The petitioner has been in prison for a quarter of century. He was originally housed in Trichy Central Prison. His mother wanted the petitioner to be transferred to Madurai Central Prison as Madurai is situated closer to her residence. Her request found favour with a learned Single Judge of this Court. But the prison authorities filed WA(MD)No.1272 of 2014 and the Division Bench by order dated 27.11.2018 set aside the order of the learned Single Judge. The Division Bench took the view that there is no provision in the prison rules to consider the application of a prisoner’s relative for transfer. But then, liberty was given to the petitioner herein to submit a fresh application for transfer. It was directed that the same shall be considered on any of the grounds enumerated under Rule 568 of the Tamil Nadu Prison Rules, 1983.

2. Availing the said libert

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