SUPREME COURT OF INDIA

Before:- S.P. Rharucha, Y.K. Sabharwal and Ashok Bhan, JJ.

T.P.(Crl.) D14851 of 2001. D/d. 30.8.2001.

K.V. Venkatapathi - Petitioner

Versus

State Represented by Addl. Superintendent of Police, CBCID, Chennai & anr. - Respondent

Constitution of India, 1950 Article 139A Transfer of cases - Petitioner is an ex-Advocate General of State of Tamil Nadu and that he is appearing for prosecution as Special Prosecutor in appeals, is appointed by High Court - N0 disregard to his statement, made on oath before us, that ghat is stated in that application is correct and that application orally rejected and appeals were directed to be proceeded with immediately - Appeals going on for last three days - If what is stated in transfer petition is correct, and no reason, prima facie, to disbelieve it, it is appropriate that notice be issued on transfer petition, service dasti being permitted, and that continuance of hearing of appeals.

[Paras 2 and 3]

ORDER

1. Permission to file the transfer petition is granted.

2. We have heard the learned Attorney General. He has referred us to the transfer petition and to the application made by the petitioner before the High Court of Madras on 27th August, 2001. We note that the petitioner is an ex-Advocate General of the State of Tamil Nadu and that he is appearing for the prosecution as Special Prosecutor in the appeals, having been appointed by the High Court. We cannot lightly disregard his statement, made on oath before us, that ghat is stated in that application is correct and that the application was orally rejected and the appeals were directed to be proceeded with immediately. The appeals have been going on for the last three days and we are told that learned counsel for the second respondent is still addressing the High Court.

3. If what is stated in the transfer petition is correct, and, in the circumstances, we have no reason, prima facie, to disbelieve it, it is appropriate that notice be issued on the transfer petition, service dasti being permitted, and that the continuance of the hearing of the appeals (being Criminal Appeal Nos. 147, 969 and 972 of 2000 before the High Court of Madras) be stayed.

4. Order accordingly.

5. List after service is complete.

.