Justice Sunder Mohan of the Madras High Court on Monday, October 9, 2023 recused himself from hearing a writ petition filed by former Prime Minister Rajiv Gandhi’s assassination case convict, Santhan alias T. Suthendraraja, seeking a direction to the Union Home Ministry as well as the Tamil Nadu government to take immediate steps for his deportation to Sri Lanka.
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When the case was listed before a Division Bench of Justices S.S. Sundar and Sunder Mohan, the latter recused himself from hearing the petition since he had been a counsel on record in a connected case before the Supreme Court. Hence, the Bench directed the Registry to list the case before a Bench led by Justice D. Krishnakumar as per standing instructions.
In an affidavit filed through his counsel P. Pugalendhi, the petitioner stated that he was a Sri Lankan national, and hence had been detained in a special camp (foreigners detention centre) under the Foreigners Act, 1946 ever since he was released from prison on November 12, 2022 pursuant to a Supreme Court order.
Mr. Santhan claimed that the Union Home Ministry had passed an order on November 11, 2022 ordering that he should not move out of the boundaries of the special camp till his deportation to his home country. The petitioner said that he wanted to go to Sri Lanka immediately, since his 75-year-old mother residing in Valvetti in Jaffna was seriously ill.
Referring to a representation made by him in this regard to the Centre as well as the State government, he said, his representations were yet to be considered.
