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2020 Supreme(Mad) 2276

AMRESHWAR PRATAP SAHI, SENTHILKUMAR RAMAMOORTHY
Dhanasekari – Appellant
Versus
Union Territory of Puducherry – Respondent


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

JUDGMENT :

Amreshwar Pratap Sahi, J.

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 holding that the appellants have no right of being personally heard at the time of consideration by the Government, b

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