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2009 Supreme(Mad) 4519

FAKKIR MOHAMED IBRAHIM KALIFULLA, R.BANUMATHI
The Chief Secretary to the Government of Tamil Nadu & Others – Appellant
Versus
Government of Tamil Nadu, rep. By Secretary, Home Dept. Secretariat & Others – Respondent


Advocates appeared:
For the Petitioners:R. Krishnamurthy, Senior Counsel T.V. Ramanujam, Senior Counsel, S.Prabhakaran, R.C.Paulkanagaraj, R.Vaigai, V.Raghavachari, V.Elangovan, M.S.Sivakumar, G.Krishnamurthy, R.Kaaruppan, R.Sankarasubbu, Advocates.
For the Respondents:Rajeev Dhavan Senior Counsel, P.S.Raman, Advocate General Assisted by Mr.M.Dhandapani Special Government Pleader for Chief Secretary M.Ravindran Additional Solicitor, Chandrasekaran SCGSC for Union of India, N.Chandrasekar, Special Public Prosecutor for CBI, I.Subramaniam Senior Counsel Assisted by P.N.Swaminathan for Sandeep Rai Rathore, V.Selvaraj for A.K. Viswanathan, P.N.Prakash for J. Ramasubramani, Muthukumaraswamy Senior Counsel, Assisted by A. Jenasenan for Registrar General., Advocate.

Judgment :

F.M. IBRAHIM KALIFULLA, J.

1. I have had the advantage of perusing the order of Mrs.Justice R.Banumathi, who has dealt with the issue involved in these writ petitions in depth, covering every one of the issues raised, contentions made and authorities cited in support of such contentions. I fully concur with every one of the reasoning and conclusions of the illuminating order of the learned Judge. However, I on my part, wish to add my own reasoning and conclusions for our ultimate directions contained in paragraph Nos.602 to 607 of this order.

2. Broad spectrum of this public interest litigation and the connected writ petitions as well as other criminal original petitions concerns the State police, lawyers and the Court.

3. The facts which led to the initiation of the suo motu public interest litigation by this Court are that the members of the Bar went on an indefinite boycott of Courts on and from 29.01.2009, alleging that the Government was not taking any action to stop the genocide of Tamils in Sri Lanka. As part of their agitation, some lawyers entered the First Court presided over by the Hon’ble Acting Chief Justice where some of the lawyers who were attending to the







































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































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