The main legal point established in the judgment is the violation of guidelines framed by the Hon'ble Supreme Court of India in the Delhi Judicial Service Association case by the police officials during the arrest of a Judicial Officer.

1. The First Bench of this Court [Mr.R.K.Agrawal, The Hon'ble Acting Chief Justice and M.Sathyanarayanan, J.] has taken into consideration the report submitted by the Registrar General of this Court in ROC.No.295/2013-B3 dated 01.07.2013, which in-turn is based on the report submitted by the District Judge-cum-Judicial Magistrate, The Nilgiris at Uthagamandalam in D.No.1298 dated 29.06.2013, wherein it has been stated that a case in Crime No.16/2013 for the alleged commission of offences under Sections 417, 376 and 506(i) IPC was registered by All Women Police Station (AWPS), Palladam against Thiru S.Thangaraj, Judicial Magistrate, Fast Track Court, Coonoor on the basis of the complaint given by Ms.Uma Maheswari, Sub-Inspector of Police, Palladam Police Station, Thiruppur District.

2. Police party consisting of Mr.Pitchai, Deputy Superintendent of Police, Udumalpet, Mr.Suresh Kumar, Deputy Superintendent of Police, Palladam, Mr.Krishnakumar Sub-Inspector of Police, Palladam and the Inspector of Police, Komarapalayam along with three constables went and picked up Thiru S.Thangaraj at about 6.30 p.m on 29.06.2013 in a police Bolero Vehicle bearing Reg.No.TN-38-G-0138 to Avinashi and he was kept at Avinashi Tourist Bungalow till 12.20 p.m. The Judicial Officer, namely Thiru S.Thangaraj was taken by the said police team based on the registration of case in the above said crime number on the complaint given by Ms.Uma Maheswari, Sub-Inspector of Police, Palladam Police Station and the said complaint was given by her at about 4.00 a.m. on 29.06.2013 at the AWPS, Palladam. Thiru Mahoharan, Inspector of Police, Special Branch, Udhagamandalam sent a fax message to the District Judge-cum-Chief Judicial Magistrate, Udhagamandalam, Nilgiris District and it was received at 9.05 a.m. by the Superintendent attached to the Court of Principal District Judge-cum-Chief Judicial Magistrate, Nilgiris District, which was received at about 10.30 a.m. on 29.06.2013 by the copyist Superintendent attached to the said Court and the message conveyed the information that the above said Judicial Officer is going to be arrested. The very same official has once again sent a fax message, which was received at 12.30 p.m. on 29.06.2013 by the Principal District Judge-cum-Chief Judicial Magistrate, Nilgiris District and as per the said message, the Judicial Officer was arrested in front of the house of one Mathesh, son of Kandan, Veeramathikoil Street, Thallankuttai, Keelavalavu, Thiruchenkode Taluk, Namakkal District.

3. The Principal District Judge-cum-Chief Judicial Magistrate, Nilgiris District had sent the details in the form of representation dated 29.06.2013 to the Registrar General of this Court, who in-turn placed a note under ROC.No.295/2013-B3 dated 01.07.2013 before the Hon'ble Acting Chief Justice and the Hon'ble Acting Chief Justice has passed an order dated 02.07.2013, directing the matter to be placed before the First Bench of this Court for taking action suo motu and accordingly, it was listed before the First Bench of this Court on 02.07.2013.

4. The First Bench of this Court has taken into consideration the judgment of the Hon'ble Supreme Court of India in Delhi Judicial Service Association v. State of Gujarat [(1991) 4 SCC 406], wherein guidelines have been framed as to the steps to be taken before arresting a Judicial Officer and further taking into consideration the sequence of events, had observed that it is apparent that the police officials, namely Mr.Krishna Kumar, Sub-Inspector of Police, AWPS, Palladam, Tiruppur District, Mr.K.Shanthamoorthy, Inspector of Police, Komarapalayam Police Station, Namakkal District, Mr.C.Pitchai, Deputy Superintendent of Police, Udumalpet Sub-Division, Tiruppur District, Mr.Suresh Kumar, Deputy Superintendent of Police, Palladam, Tiruppur District and Ms.R.Ponni, IPS., Superintendent of Police (I/c), Tiruppur District had deliberately violated the guidelines framed by the Hon'ble Supreme Court of