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Contempt Petition Asiya (Pinky)

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18 views5 pages

Contempt Petition Asiya (Pinky)

Uploaded by

Murugesh Kasivel Enjoy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

Contempt Petition no. of 2019


in
HCP No. 2955 of 2018

S. Asiya (F/39),
W/o., Sirajdeen,
No. 2/1, Kurinji Nagar,
Kuniyamuthur,
Coimbatore …Petitioner/Petitioner
Vs.
1. The Home Secretary (Prison),
Home Department,
Secretariat,
Fort St. George,
Chennai – 600 009

2. Additional Director General of Prison,


Inspector General of Prisons,
Whannels Road, Egmore,
Chennai – 600 008

3. The Superintendent of Police,


Coimbatore Central Prison,
Coimbatore District …Respondents/Respondents

AFFIDAVIT OF S. ASIYA

I, S. Asiya, W/o., Sirajudeen, Muslim, Aged about 39 years, residing at

No. 2/1, Kurinji Nagar, Kuniyamuthur, Coimbatore – 641 008, temporarily

come down to Chennai, do hereby solemnly affirm and sincerely states as

follows:-

1. I am the petitioner herein and as such I am well acquainted with the facts of

the case.

2. I submit that my husband was convicted in Crime No. 271 of 2002 registered

by the R1 Pothanur Police Station, Coimbatore. He was tried by the learned I

Additional Sessions Court, Coimbatore in SC No. 114 of 2003 and sentenced to

Life Imprisonment for the offence committed under Sec. 120B, 148, 341 and

302 of IPC and later this Hon’ble Court modified the order of the Learned I

Additional Sessions Court, Coimbatore in Crl. A. No. 338 of 2004, dated


18.12.2006 for Setting Aside the offence punishable under Sec. 120B, 148 &

341 and convicted under Sec. 302 of IPC. For that another appeal was filed

before the Hon’ble Apex Court in Crl. A. No. 168 of 2008 and the same was

upheld the sentence passed by this Hon’ble Court order dated 18.12.2006. I

submit that my husband was a Life Convict and undergoing imprisonment and

at present lodged at Central Prison Coimbatore. His prisoner’s reference

number is 4348.

3. I submit that my husband has been incarcerated in jail for more than 17 years

beyond the stipulated period provided under Sec. 433 of Cr.P.C. and during the

imprisonment of my husband he didn’t have any bad antecedent and he

learned lessons and totally changed as a good human to live in the society.

Further, my husband had studied, with the help of the prison authorities and

pursued education while in prison. In view of incarceration, my entire family is

facing unbearable difficulties and suffering economically for the past 17 years.

4. I submit that the 1st respondent prematurely released the life convict prisoners

on occasion of Hundredth Birthday of Late Chief Minister Bharat Ratna Mr.

M.G. Ramachandran, as per the G.O.Ms. 64, Home (Pri-IV) Dept. Dated

01.02.2018. I submit that by virtue of the above said order passed by the 1 st

respondent and recommended to release more than 1000 life convicts including

women life convict prisoners with certain conditions. As the Detenue eligible

and complied with the said conditions, a representation was made to the

respondents on 10.10.2018 seeking for premature release based on the above

said G.O. However, the respondents didn’t consider my husband’s

representation.

5. I state that in pursuance of the inaction of the respondents, I had preferred a

petition in HCP No. 2955 of 2018 before this Hon’ble Court seeking release of

the petitioner’s husband namely, Sirajudheen, S/o., Yusuf, aged about 39

years, confined in Coimbatore Central prison (Life convict no. 4348) from the

prison and further seeking direction to the respondents to treat the petitioner
as an eligible life convict prisoner for premature release in terms of G.O.Ms. 64

dated 01.12.2018.

6. I state that when the matter had come up for hearing, this Hon’ble Court, vide

order dated 04.01.2019, by allowing the petition directed to release the said

Detenue in terms of the said G.O., Thereafter, as there was no response, I had

sent a legal notice dated 26.02.2019 for contempt of Court, to all the

respondents requesting to make compliance of the order dated 04.01.2019.

However, after receipt, neither the respondents comply with the order dated

04.01.2019 of this Hon’ble Court nor made any reply to the letter dated

26.02.2019, till date. Hence, the present petition.

Therefore, it is most respectfully prayed that this Hon’ble Court may be

pleased to punish the Respondent in the manner this Hon’ble Court deems fit

and proper for deliberately committing contempt by wilful disobedience of the

order dated 04.01.2019 of this Hon’ble Court in HCP No. 2955 of 2018 and

pass further orders as this Hon’ble Court deems fit and proper given the

circumstances of the case and thus render justice.

Solemnly affirmed at Chennai } Before me

On this the day of March, 2019 }

And signed in my presence } Advocate, Chennai


MEMORANDUM OF CONTEMPT PETITION
(UNDER ARTICLE 215 OF CONSTITUTION OF INDIA AND SECTION 12 OF
THE CONTEMPT COURT ACT)

IN THE HIGH COURT OF JUDICATUTRE AT MADRAS


(Contempt Jurisdiction)
Contempt Petition No: Of 2019
In
H.C.P.No. 2955 of 2018
S. Asiya (F/39),
W/o., Sirajdeen,
No. 2/1, Kurinji Nagar,
Kuniyamuthur,
Coimbatore … Petitioner / Plaintiff
Vs
The Home Secretary (Prison),
Home Department,
Secretariat,
Fort St. George,
Chennai – 600 009

Additional Director General of Prison,


Inspector General of Prisons,
Whannels Road, Egmore,
Chennai – 600 008

The Superintendent of Police,


Coimbatore Central Prison,
Coimbatore District … Respondent / Defendant

CONTEMPT PETITION

For the reasons stated in the accompanying affidavit, it is


therefore prayed in the interest of justice, that this Honorable court may
be pleased to punish the respondent/defendant herein for willful
disobedience, and violating the order of this Hon’ble Court dated on
04.01.2019 made in H.C.P.No. 2955 of 2018 on the file of this Hon’ble
Court and pass such further suitable orders as this honorable court
deems fit and proper in the circumstances of the case and thus render
justice.
Dated at Chennai, this the th day of July, 2019.

COUNSEL FOR THE PETITIONER


IN THE HIGH COURT OF JUDICATUTRE AT MADRAS
(Contempt Jurisdiction)
Contempt Petition No: Of 2019
In
H.C.P.No. 2955 of 2018

S. Asiya (F/39),
W/o., Sirajdeen,
No. 2/1, Kurinji Nagar,
Kuniyamuthur,
Coimbatore … Petitioner / Plaintiff

Vs

The Home Secretary (Prison),


Home Department,
Secretariat,
Fort St. George,
Chennai – 600 009 and 2 others … Respondent / Defendant

INDEX

S. No Date Particulars Page No


1. 04.01.2019 Order of this Hon’ble court in
H.C.P.No.2955/2018
2. 26.02.2019 Legal Notice to the Respondent

It is certified that all the documents contained in the above typed


set of papers are true copies.

th
Dated at Chennai, this the day of July, 2019

COUNSEL FOR PETITIONER

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