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Wednesday, November 24, 1999

President as respondent in writ petition removed

EXPRESS NEWS SERVICE  
Chennai, Nov 23: The mention of President of India as one of the respondents in a writ petition challenging his (President's) order rejecting a mercy plea from a condemned prisoner, has been removed from the petition.

This followed an objection from Additional Central Government Standing Counsel K Ramakrishna Reddy to making the President of India as a party to writ proceedings, since the President's actions are protected under Article 361 of the Constitution and the same cannot be challenged in courts.

Originally, while entertaining the writ petition from Govindasamy (37) of Erode district, who was awarded with death sentence in a murder case, Justice K Govindarajan on November 5 had postponed till November 23 the execution of the sentence fixed for November 9.

When the matter came up for hearing today, Reddy raised the objection. Petitioner's counsel P H Manoj Pandian agreed for the removal of the President's name from the petition.

Justice Govindarajan adjourned the matter till December 3. He saidthe sanction for execution of the death sentence will stand deferred until further orders.

Meanwhile, the Peoples' Union for Civil Liberties has moved the court to implead it as a party in the case and the judge granted permission.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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