SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(Mad) 2592

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.N. Prakash, J.
Lakshmi - Appellant
Vs.
State of Tamilnadu and Ors. - Respondents
Crl. O.P. No. 30502 of 2014
Decided On: 04.08.2015

Advocates:
Advocate Appeared:
For the Appellant: Manikandan Vathan Chettiar for Mathankumar
For the Respondents: S. Shanmugavelayudham, Public Prosecutor Asst. byC. Emalias, Addl. Public Prosecutor

Headnote:

Indian Penal Code, 1860 - Sections 147, 148,294(b), 324 and 506(ii) - Contempt of Courts Act, 1971 - Section 15 - Usage of a pathway running between their houses - Voluntarily causing hurt - Criminal contempt – Meaning of - There was a quarrel between two families in connection with usage of a pathway running between their houses in Village in which there was a free-for-all situation, resulting in persons from both sides suffering injuries and getting admitted to local Government Hospital - Whether an attack of this nature of Court staff, amount to criminal contempt within the meaning of Section 2(c) of the Contempt of Courts Act - Held, Freedom of expression subserves public interest in reasonable measure, public justice cannot gag it or manacle it; but if the court considered the attack on the Judge or Judges scurrilous, offensive, intimidatory or malicious, beyond condonable limits, the strong arm of the law must strike a blow on him who challenges the supremacy of the rule of the law by fouling its source and stream. The power to punish the contemner is, therefore, granted to the court not because Judges need the protection but because the citizens need an impartial and strong judiciary - This Court, there is prima facie material against Mr. Manikandan Vathan Chettiar and Mr. Mathan Kumar for initiating criminal contempt action against them for interference with the course of justice is available before this court and hence this court takes suo moto cognizance of the contempt committed by the two advocates - Crl.O.P. Dismissed.

Order

P.N. Prakash, J.

1. This Court after summoning and hearing the petitioner in person, after perusal of the records and after calling for responses from persons concerned and also after hearing the counsels appearing for the petitioner has decided to initiate criminal contempt against the two counsels who are :

"1. Mr. Manikandan Vathan Chettiar

2. Mr. Mathankumar"

2. The factual matrix leading to taking cognizance of the contempt committed by the two counsels are as follows:--

"On 31.07.2014, there was a quarrel between two families in connection with the usage of a pathway running between their houses in Talavalapattu Village in which there was a free-for-all situation, resulting in persons from both sides suffering injuries and getting admitted to the local Government Hospital. After receiving information from the hospital, the Sub Inspector of Police, Periyathachur went to the hospital and recorded the statement of one A. Senthamizhselvan belonging to one party and also the statement of Lakshmi belonging to the other party and came back to the Station and registered two FIRs i.e.:

[a] On the complaint of A. Senthamizhselvan, Cr. No. 126 of 2014 under Sections 147, 148,294(b), 324 and 506(ii) IPC against Balaraman and six others, including Lakshmi [A6] (Petitioner herein)

[b] On the complaint of Lakshmi, Crime No. 127 of 2014 under Sections 147, 148, 294(b), 324and 506(ii) IPC against seven persons including A. Senthamizhselvan [A3]."

3. All the seven accused, including Lakshmi, in Cr. No. 126 of 2014 filed an application in Crl.M.P. No. 5721 of 2014 for anticipatory bail before the learned Principal District and Sessions Judge, Villupuram (shown as 3rd respondent in this O.P). The 4th respondent herein was the counsel who had appeared in the bail application filed by the petitioner. After notice to the State, the learned Judge granted anticipatory bail to all the petitioners/accused in Cr. No. 126 of 2014 by order dated 05.08.2014 on condition that, they execute a bond for Rs. 5,000/- each with two sureties and report before the respondent police daily at 10.00 a.m. and 5.00 p.m. until further orders. Challenging this order, Lakshmi is before this Court in this petition with the following prayer:

"(a) For action against the District Judge, Public Prosecutor and the Police;

(b) For action against the Land-Grabber; and

(c) For protecting the right to life and property of the petitioner."

4. In the petition filed by Lakshmi she had alleged that, the police, the Public Prosecutor and her counsel had connived in order to help the complainant's party [who were the accused in the other case] to gain to foothold into her land. It may be relevant to extract the very words in the petition rather than give any interpretation to them:

"Finally the police got the accused also to be discharged on the same day that the petitioner got discharged, and the accused are gradually gaining a foothold into the petitioner's patta-land, due to treachery on the part of the Police, PP & DJ"

5. This Court was indeed shocked at such allegations being made about the District Judge who had granted the relief of anticipatory bail to the petitioner. This petition was getting adjourned from 19.11.2014 and ultimately on 07.04.2015, this Court heard Mr. Manikandan Vathan Chettiar and reserved orders.

6. When this Court perused the case papers for the purpose of dictating orders, it was observed that in the Vakalatnama filed by Lakshmi, neither the signature of Manikandan Vathan Chettiar nor his junior Mathankumar was found. Therefore, on 10.04.2015, this Court issued a memo to the Assistant Registrar [Criminal Section] calling for an explanation from the Officer for passing the petition without even checking whether the counsels have signed the Vakalatnama. The matter was directed to be listed on 16.04.2015 for hearing in the open Court.

7. On 16.04.2015, this Court ordered the Petitioner Lakshmi be directed to be summoned to this Court and also directed that P. Selvakum









































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top