P. K. Illavarasan vs Union of India, Rep. by Secretary, Ministry of Home Affairs, New Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(Mad) 1097

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR, SUBRAMONIUM PRASAD, JJ.
P.K. Illavarasan & Another – Petitioners
Versus
Union of India, Rep. by Secretary, Ministry of Home Affairs, New Delhi & Others – Respondents
WP. Nos. 25903 of 2017, 493 of 2018 & 25903 of 2013 & WMP. Nos. 29246, 30572, 30705 of 2017 & 817, 19451 & 592 of 2018
Decided On : 27-06-2019

Advocates Appeared:
For the Petitioner:V. Lakshminarayanan for G. Pavendhan, Dr. V. Suresh for G. Pavendhan, Advocates.
For the Respondent:C.V. Ramachandran, CGSC., M/s. A. Durai Eswar, T.N. Rajagopalan, Govt. Pleader, K. Srinivasan, Spl. P.P., Rajarathnam, P.P., Elephant Rajendran, J. Ramesh, N.R. Elango, E. Rajthilak, M/s. S.R. Rahunathan, Advocates.

Headnote:
Constitution of India,1950 – Article 226 – Criminal Procedure Code,1973 – 1973 -Section311- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 198 – Section15A (10),21(2) and 23(1) - One belonging to Most Backward Community and Murugesan, Scheduled Caste Community, got married without consent or knowledge of their respective families - They were living together as husband and wife - about two months and four days after their marriage, joined her husband they were picked up by relatives administered poison and their bodies were burnt - FIR was registered in Police Station - Charge sheet was filed against eight accused - On allegations that investigations was a botched up investigation and that persons involved in offence have not been arrested, Criminal Original Petition was filed in this Court, for change of investigating agency - Charge sheet has been filed against 15 persons - Out of 15 persons, against whom charge sheet has been filed, two are retired police officers, eleven belong to most backward community and two are from scheduled caste community – Held, A report of relief and rehabilitation facilities provided to victims shall also be forwarded by the District Magistrate or Sub-Divisional Magistrate or Executive Magistrate, of Superintendent of Police - In case satisfied that payment of relief was not made to victim or his/her dependent in time or amount of relief or compensation was not sufficient or only a part of payment of relief or compensation was made it may order for making in full or part the payment of relief or any other kind of assistance - Sub-division level vigilance and monitoring committee shall consist of members of State Legislative Assembly and State Legislative Council from the sub-division, elected members of Panchayati Raj Institutions belonging to Scheduled Castes and the Scheduled Tribes, Deputy Superintendent of Police Tehsildar - State Government shall every year before the 1st July, forward report to the Central Government about measures taken for implementing provisions of Act and various schemes/plans framed by it during the previous calendar year - State Government is directed to frame such schemes and file before this Court within a period of ten weeks from the date of receipt of a copy of order, for compliance - Application for impleadment is dismissed and other miscellaneous petitions are closed.

ORDER :

Subramonium Prasad, J.

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus,

(a) directing the respondent No.1 and 2 to evolve appropriate schemes to protect the victims, their dependants and the witnesses in the criminal cases with regard to the alleged offences committed against the members of Scheduled Castes and Scheduled Tribes as found in the Special Enactment and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 and the Rules made there under.

(b) directing the Respondent No.3 to evolve a scheme in the light of Chapter IV A of Scheduled Castes and the Scheduled tribes (Prevention of Atrocities) Act 1989 and the Rules made there under.

(c) directing the Respondents No.3,5,6,7 to enforce the mandatory provisions of the Scheduled Castes and the Scheduled tribes (Prevention of Atrocities) Act 1989 and the Rules made there under to give full benefit of the Special Enactment.

(d) directing the 4th respondent CBI to replace the Special Public Prosecutor Mr.T.Dominic Vijay, who he is representing the CBI in S.C.No.185 of 2010 before the Special Court (The Principal District and Sessions Court), Cuddalore by appointing an eminent senior Advocate to represent the CBI in the pending trial in S.C.No.185 of 2010 before the Special Court (The Principal District and Sessions Court), Cuddalore in the light of Rule IV(5) of the Scheduled Tribes (Prevention of Atrocities) Rules, 1995.

(e) constituting a Special Investigating Team (SIT) headed by an IPS officer who is known for integrity, efficiency and honest to investigate the matter relating to the First Information Report No.642 of 2017 pending investing on the file of the Inspector of Police, Virudhachalam Police Station in the light of the decision in R.Sankarasubbu Vs. Commissioner of Police, Egmore, Chennai and another (2013 1 CTC 1) to investigate as per law.

(f) directing the Trial Court, the Principal District and Sessions Court, Cuddalore to expedite the hearing of two M.P.s in MP.3851 of 2017 and M.P.No.4098 in S.C.No.185 of 2010 filed by M.Tamilarasi and Mayavel and T.Pattusamy respectively for cancelling the bail of four named accused (1) Maruthapandian (A2), (2) Kandavel (A6), (3) Jothi (A6), (4) Ramadoss (A12) under Section 439 of Cr.P.C. Pending before the Principal District and Sessions Court, Cuddalore.

(g) directing the Trial Court, the Principal District and Sessions Court, Cuddalore to expedite the hearing of M.P.in M.P.4111 of 2017 in S.C.No.185 of 2010 filed by C.Samikannu for summoning his wife Chinnapillai as Court Witness under Section 311 of Cr.P.C., pending before the Principal District and Sessions Court, Cuddalore.

Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus,

(a) directing the respondents 1 and 3 to take steps to provide video camera in all Special Courts under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 in Tamilnadu in compliance with the Section 15A(10) of the SC and ST (PA) Act, 1989.

(b) declaring that the proceeding of examination of Mrs.Chinnapillai (PW49) conducted on 18.12.2017 in S.C.No.185 of 2010 pending trial before the Hon'ble Principal District and Sessions Court, Cuddalore is violating the rights of the victim and witness Mrs.Chinnapillai resulting in unfair trial, miscarriage of justice and she is entitled to give fresh evidence.

(c) directing both the Bar Council of India and Tamilnadu and Puducherry to evolve a scheme to regulate the conduct of the Advocates while they are discharging their duties as Counsel in the proceedings before the Courts.)

WP. No.25903 of 2017 has been filed for issuance of a writ of mandamus,

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2019 Supreme(Mad) 1097

Cases Referred (4)