IN THE HIGH COURT OF MADRAS
S. Tamilvanan and C.T. Selvam, JJ.
The Home Secretary, Government of Tamilnadu and Ors. – Appellants
Vs.
P. Dharmaraj and Ors. – Respondents
Sub-Application No. 809 of 2015 in Suo Motu Cont. P. No. 1592 of 2015
Decided On : 30-09-2015
Civil procedure Code,1908 - Section 151 - Seeking an order to modify - Contempt proceeding has been initiated against certain advocates who are committing certain illegal acts against Judiciary and Democratic system of State as per letter addressed by Principal District Judge and report filed by Commissioner of Police with supporting materials relating to his Report - Contemners are President and Secretary respectively of Madurai Bar Association and they had passed a resolution conducted procession and raised slogans against Honble Judges of this Court and the Government addressing common people not to obey orders passed by this Court in respect of wearing helmet while riding two wheelers - In Resolution typed and signed by contemners in their letter pad by Resolution they directly abused High Court Judge who passed order Government of Police Department and also raised allegations by their resolution that Government of Tamil Nadu concerned Judge and Police Department have got unlawful gain by promoting sale of helmet to tune of crores - Held, It is made clear that there is no difference of opinion for Bench on point that Bench is empowered with adequate authority to deal with contempt proceeding and court have no fear favor or hesitation in dealing with contempt proceeding against contemners in accordance with law - There is no need to refer same to any third Judge as there is no final order passed with any difference of opinion - On view of larger issues involved in this matter to be decided and to give a full stop to advocates boycotting of courts and conducting illegal processions etc either at Bench or at Principal Bench or any other place within Jurisdiction of this Court of considered view that matter has to be decided by a Larger Bench preferably a Constitutional Bench headed by Honble Chief Justice of this Court on account of various vital factors involved in light Full Bench decision rendered by Honble Supreme Court reported in AIR on special circumstances and vital importance of larger issues to be decided – Order Accordingly
S. Tamilvanan, J.
1. This Sub-Application has been filed under Section 151 of the Code of Civil procedure, seeking an order to modify para 8 of the order of this Court, dated 16.09.2015 made in Suo Motu Cont. P. No. 1592 of 2015. The Suo Motu contempt proceeding has been initiated against certain advocates, who are committing certain illegal acts against the Judiciary and the Democratic system of the State, as per the letter addressed by the Principal District Judge, Madurai and the report filed by the Commissioner of Police, Madurai with supporting materials, relating to his Report. The contemners are the President and Secretary respectively of the Madurai Bar Association and they had passed a resolution, conducted procession and raised slogans against the Hon'ble Judges of this Court and the Government, addressing common people not to obey the orders passed by this Court, in respect of wearing helmet, while riding two wheelers. In the Resolution, dated 02.07.2015, typed and signed by the contemners, in their letter pad, by Resolution No. 3, they directly abused the High Court Judge, who passed the order, Government of Tamil Nadu, Tamil Nadu Police Department and also raised allegations, by their resolution that the Government of Tamil Nadu, the concerned Judge and the Police Department have got unlawful gain by promoting the sale of helmet to the tune of Rs. 3000 crores.
2. The Resolution No. 7 of the said Association, pressed the Chief Minister of Tamil Nadu, all the Government officers of police officials and Judges to wear belt while travelling in car and further insisted that they should wear helmets and travel with their family in two wheelers for one month and then to cancel the requirement of wearing helmets after realizing the difficulties involved.
3. The Resolution No. 11 of the Association reads that they will continue their boycott of courts and agitate till the judicial order, directing to wear helmet mandatory is set aside and till all TASMAC shops are closed in Tamil Nadu. They further resolved that police officials should not enter the Court premises at Madurai till their proposal is achieved and they would continue their agitation of hunger strike, human chain on 06.07.2015 and 07.07.2015, apart from boycotting Courts. The aforesaid resolutions passed by the Madurai Bar Association is totally illegal and a threat to Democracy in the State, especially against the independent functioning of the Judiciary. Apart from that they used false, baseless and scandalous allegations against various Judges of the High Court, who are known for integrity and honesty.
4. It cannot be disputed that any aggrieved party can prefer an appeal, revision or SLP before the Supreme Court against the order. However, they cannot conduct procession or burn effigy of the Judge or issue anonymous notices containing false and scandalous allegations against Judges and other higher dignitaries. They cannot say that police should not enter the Court premises at Madurai. It shows the unruly and authoritarians attitude of certain unscrupulous persons against the proper functioning of the Judiciary.
5. The political issues such as prohibiting or closure of TASMAC shops could be raised by any political party in a Democratic society. Hence, an Advocates Association, which has its members of various political parties could not raise such an ultimatum, by way of passing Resolution for boycotting Courts. The aforesaid resolution passed by the Madurai Bar Association is totally against all professional and ethical norms. They cannot introduce their jungle rule against Democracy, by their illegal threat and ultimatum against the Judiciary and the Government. The Commissioner of Police, Madurai has sent a detailed reports containing photographs, which shows that the contemners and others had raised illegal slogans against various Judges and prevented public from entering into the Court premises of the Madurai Bench of the Madras High Court, though th
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