JAVED IQBAL Vs. V V SRIHARAN ALIAS MURUGAN

JUDGEMENT

(1.) ALTHOUGH, the parties have made diametrically opposite assertions about the atmosphere which prevailed in the State after rejection by the President of India of the mercy petitions filed by V. Sriharan @ Murugan and two others, we do not consider it necessary to decide whether the support extended by the political outfits and others to those who were found guilty of killing the former Prime Minister Shri Rajiv Gandhi may impede fair adjudication of the writ petitions filed by them warrants transfer of the three writ petitions from the Madras High Court to this Court. However, keeping in view the fact that an identical question is pending consideration before this Court in Writ Petition (Criminal) D. No. 16039 of 2011 titled Devender Pal Singh Bhullar v. State of NCT of Delhi, we deem it proper to exercise power under Article 139A(1) of the Constitution.

(2.) L. K. Venkat and Javid Iqbal and others have filed these petitions for transfer of Writ Petition No. 20287 of 2011 titled V. Sriharan @ Murugan v. Union of India and others, Writ Petition No. 20288 of 2011 titled T. Suthendraraja @ Santhan v. Union of India and others and Writ Petition No. 20289 of 2011 titled A.G. Perarivalan @ Arivu v. Union of India and others which are pending before the Madras High Court to this Court.

(3.) THE petitioners have sought transfer of the writ petitions by asserting that hearing thereof in the Madras High Court may not be possible in congenial atmosphere because of the agitation launched by different political outfits, extremist groups and lawyers and also because thousands of people gathered in the High Court premises and raised slogans outside and inside the Court premises. The petitioners in the second case have also pleaded that the main question raised in the writ petitions pending before the High Court is identical to the question raised in the cases of Devender Pal Singh Bhullar and Mahendra Nath Das, which are pending before this Court.