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SC Dismisses Plea Of Habeas Corpus, Directs Consulate General Of Iran To Move Madras HC (www.indialegallive.com)

The Supreme Court of India on Friday dismissed a writ petition filed by the Consulate General of Iran seeking issuance of Habeas corpus for bodily presence of the prisoners and their safety till completion of repatriation process.

The habeas corpus petition was filed by the Consulate general alleging that its citizens who were lodged in Puzhal Central prison have been victim of brutal beating and physical harassment from jail authorities. The petitioner said that the Iranian citizens face threat to life inside the prison. It was alleged that the superintendent of the jail is notoriously infamous for beating the inmates without any authority and there are several legal proceedings pending against him.

The petitioner sought physical presence of the citizens currently serving their sentence in the prison of Tamil Nadu and also sought compensation to the tune of Rs. 1 Crore each for the families of the victim/citizens. The petitioner has time and again complained of the inhuman treatment meted out to its citizens in the prison to appropriate authorities and even to the Chief minister of Tamil Nadu but only received hollow assurances.

Acting upon the plea, the bench headed by CJI SA Bobde, Justice A.S. Bopanna & Justice Hrishikesh Roy, observed that the counsel for the petitioner sought permission to withdraw this petition with liberty to approach the Madras High Court and the same was granted.

The Court also noted that in case the petitioner fails before the High Court, liberty is reserved to the petitioner to move this Court once over again by filing appropriate petition. Thus the petition was dismissed as withdrawn.

-India Legal Bureau

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