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S. M. SUBRAMANIAM, V. SIVAGNANAM
Ragini – Appellant
Versus
State of Tamil Nadu, Represented by its Secretary, Department of Home – Respondent
ORDER :
(S.M. Subramaniam, J.) :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the first respondent to consider the representation dated 17.04.2024 of the petitioner by constituting a Review Committee to examine the prayer of the petitioner to transfer the case in Spl.S.C.No.3 of 2022 on the file of the Special Court under POTA Act, Poonamallee at Chennai to regular Court at Chennai to try the case under ordinary penal law except POTA provisions to secure the ends of justice.)
The writ of mandamus has been instituted to direct the first respondent to consider the representation on 17.04.2024 for constitution of a Review Committee to examine the claim of the petitioner to transfer the case in Spl.S.C.No.3 of 2022 on the file of the Special Court under POTA Act, Poonamallee at Chennai to regular Court at Chennai to try the case under ordinary penal law except POTA provisions.
2. The grievances of the petitioner is that the case is pending for about 22 years and trial is yet to be completed. The Prevention of Terrorism Act (POTA) expired in the year 2004. Therefore, it is unnecessary to treat the case
The court has the authority to direct expeditious trial in cases with pending hearings based on witness and document evaluation.
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