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Premananda case: habeas corpus petition dismissed

Special Correspondent

CHENNAI: The Madras High Court on Thursday dismissed a habeas corpus petition, seeking a direction to official authorities to produce Swami Premananda alias Premkumar and Kamalananda, now confined in the central prisons at Cuddalore and Tiruchirappalli before the court, and set them at liberty.

A Division Bench, comprising Justice Prabha Sridevan and Justice K.K.Sasidharan, said that the Sessions Judge had given certain directions. On appeal, the High Court had confirmed the findings, conviction and the sentence, subject to a modification. There was no modification of the directions of the Sessions Judge. The Supreme Court had dismissed the appeal preferred by the petitioners.

In view of the specific confirmation of the directions given by the Sessions Judge, the Bench said that it could not set them aside. It could not dilute or modify the Supreme Court’s directions.

Counsel submitted that the court had no power to trespass into what was exclusively the domain of the executive -- grant of remission. The government submitted that in view of the order passed by the Supreme Court, the writ petitions should be dismissed.

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