"Rights And Duties Are Corresponding", Madras High Court Observes That Whistle-Blowers Are Expected To Be Dutiful While Dealing With Public Causes
The Madras High Court recently observed that even though the courts had a duty to protect the rights of whistleblowers, the whistleblowers are expected to exercise their rights in the manner known to law and excess exercise or high handednedd can never be allowed. Justice SM Subramaniam and Justice J Sathya Narayana Prasad were considering a plea to enquire into the enhancement...
The Madras High Court recently observed that even though the courts had a duty to protect the rights of whistleblowers, the whistleblowers are expected to exercise their rights in the manner known to law and excess exercise or high handednedd can never be allowed.
Justice SM Subramaniam and Justice J Sathya Narayana Prasad were considering a plea to enquire into the enhancement of the financial and social status of a whistleblower. The petitioner alleged that the whistleblower was filing petitions for initiation of action against officials of the Hindu Religioud and Charitable Endowments [HR&CE] Department and the temple authorities and in the process was acting excessively inside the temple premises and threatening officials and staff of the temple.
Thus, it was argued that the whistleblower is interfering with the peaceful worship of the devotees and abusing his position as a whistleblower.
The whistleblower, on the other hand, stated that he has no intention to commit any illegality or irregularity as alleged. He admitted that there was a quarrel between himself and the officials but that he had no intention to threaten or act in any manner in violation of the law. He stated that his intention is to safeguard the temple properties, jewels, etc. which are all being abused and misused by the custodian of such properties with the collusion of the authorities.
He also gave an undertaking that he will not indulge in any illegal activities or axceed in public places or pick up any quarrel or otherwise with the authorities competent or cause any inconvenience to the ordinary devotees who are all visiting the temples or the temple buildings.
The court observed that rights of both the petitioner and the whistleblower is to be protected. While exercising the rights, If any excessiveness has been committed by any person, the authorities or the persons concerned are empowered to lodge a complaint before higher authorities and before the police authorities for taking appropriate actions in manner known to law. In the event of any such complaint the authorities are expected to act immediately by conducting an enquiry and by following the procedures.
The court also observed that when a person is exercising certain rights, he has to keep in mind that he has got certain duties towards the fellow citizen of our great nation.
"There is a growing trend of claiming rights alone. However, people are less interested in reminding their duties, which is not a desirable situation and cannot be in consonance with the constitutional philosophy. Thus, while exercising the right, corresponding duty to respect the rights of fellow citizen is also to be insisted upon. This being the principles mandated under the Constitution, the 11th respondent is expected to be dutiful while dealing with the public causes, since initiation of action on public causes are also of paramount importance."
The court thus disposed the petition taking into account the submission made by the whistleblower that he will continue his public services in order to protect the temples and its properties in accordance to law and by following procedures.
Case Title: Kandasamy v The State of Tamil Nadu and others
Case No: WP No 13044 of 2022
Citation: 2022 LiveLaw (Mad) 229
Counsel for Petitioner: Senior Advocate Mr.R.Singaravelan for Mr.M.Muruganantham
Counsel for Respondent: Ms.V.Yamuna Devi Special Govt. Pleader, Mr.NRR.Arun Natarajan Special Govt. Pleader, Mr.A.Radhakrishnan Party-in-person