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2020 Supreme(Mad) 1869

A.P.SAHI, SENTHILKUMAR RAMAMOORTHY
Dhanasekari – Appellant
Versus
Union Territory of Puducherry, Represented By Its Secretary, Office of The Lieutenant Governor, Pondicherry – Respondent


Advocate Appeared:
For the Appellants :P. Dinesh Kumar, Advocate.
For the Respondents:Bharathachakravarthy, Special Government Pleader, K. Gandhi Kumar, G. Mohanakrishnan, Advocates.

JUDGMENT :

A.P. Sahi, J.

(Prayer: Appeals filed under Clause 15 of the Letters Patent against the order dated 2.1.2019 made in W.P.No.23103 of 2018.)

1. The present appeal has raised an interesting question to be answered in the field of administrative law and the jurisprudence of natural justice, as the appellants claim right of personal hearing in a matter of remission by convicts from the State in exercise of its statutory power under Section 432/433A of the Code of Criminal Procedure, 1973.

2. The appellants claim to be the victims of the crime committed by the convicts Respondent Nos.5 to 9 herein, who are seeking remission, and also apprehend threat to their lives in the event remission is granted to them. This led to their filing representations and objections contending that the convicts in all likelihood are planning to take revenge on the appellants and their family members and it is for this reason that the pre-mature release request of these convicts was being resisted by the appellants.

3. The learned Bench, which entertained the writ petition, dismissed the same holdin

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