[S.29 POCSO Act] Allegations Not Supported By Medical Evidence, Presumption Against Accused Not Mechanical: Madras High Court Acquits Army Jawan

The Madras High Court recently set aside the conviction of an Army Jawan who was sentenced to ten years imprisonment and a fine of Rs.10,000 by a POCSO Court. Justice Sathi Kumar Sukumara Kurup observed that though the prosecution had claimed that there was insertion resulting in bleeding, there was no evidence to prove aggravated sexual assault and thus the allegations were without...

Surprising That Even In Chandrayan Era, Katta Panchayats Are Conducted To Excommunicate A Person: Madras High Court

The Madras High Court recently expressed its surprise that even when the country was in an era of Chandrayan, “Katta Panchayat” (kangaroo courts) was conducted to socially boycott a man and penalize him for using excess water in his shop. Justice D Nagarjun of the Madurai bench thus directed the District Collector to constitute a committee consisting of the District Revenue...

UAPA | ‘Preparatory Act To Terrorist Act Must Be Proximate To Intended Result’ : Madras High Court Grants Bail To PFI Members

The Madras High Court recently granted bail to eight men, who were allegedly office bearers, members and cadres of the Popular Front Of India (PFI) and were charged under the Unlawful Activities Prevention Act (UAPA) for conspiring to commit terrorist act in various part of India. The bench of Justice SS Sundar and Justice Sunder Mohan opined that the documents collected by the...

Madras High Court Directs Centre And Nigerian Embassy To Pursue Request Of Women Claiming Compensation For Husband’s Death In Nigeria

The Madras High Court recently came to the aid of two Tamil women claiming compensation for the death of their husbands in Nigeria. Justice B Pugalendhi observed that the court was not in apposition to issue any positive direction as Nigeria was not included in the compendium issued by the Ministry of Overseas Indian Affairs for getting reliefs for Indian Nationals who died...

Madras HC Directs Income Tax Dept. To Lift Attachment Of Pension Account Considering Age, Ailment Of Assessee

The Madras High Court has directed the income tax department to lift the attachment of the pension account of the assessee considering his age and ailment.The bench of Justice R. Mahadevan and Justice Mohammed Shaffiq passed this order noting that the entire pension amount, with arrears, is lying in the bank account of the appellant or assessee. It is also seen that only a sum of Rs....

Madras High Court Refuses To Suspend Sentence Of Actress Jayaprada Over Non-Payment Of ESI Dues, Asks Her To Surrender And Make Deposit

The Madras High Court has refused to suspend the sentence against actress and former Member of Parliament Jayaprada and others in a case pertaining to non-payment of dues under the Employee State Insurance Act. Jayapradha and other partners of the Jayaprada Cine Theatre were sentenced to six months simple imprisonment and a fine of Rs.5000 in April this year by a...

[NDPS Act] Samples To Be Drawn In Magistrate’s Presence, Mere Production Before Court Not Sufficient To Satisfy S.52A: Madras High Court

The Madras High Court recently emphasised that as per Section 52(A) of the Narcotics and Psychotropic Substances Act, the samples have to be drawn in the presence of a Magistrate and merely producing the samples before the court after seizing it is not sufficient to fulfil such condition. Justice P Dhanabal thus set aside the conviction of a man under the Act as the prosecution...

Coimbatore Blasts: Madras High Court Grants 3 Months Interim Bail To Al-Ummah Leader SA Basha For Treatment

The Madras High Court has granted interim bail to SA Basha, founder of the banned terrorist organization Al-Ummah and one of the convicts in the 1998 Coimbatore Blasts case. The bench of Justice SS Sundar and Justice Sunder Mohan decided to grant him interim bail for a period of 3 months after noting that he is bedridden and undergoing treatment in the Coimbatore Medical College...

Madras High Court Refuses Bail To Tamil Nadu Minister Senthil Balaji On Medical Grounds

The Madras High Court on Thursday rejected the bail plea by Tamil Nadu Minister Senthil Balaji. Balaji was arrested by the Enforcement Directorate in June this year in connection with a cash-for-job money laundering case. Justice G Jayachandran dismissed the application made by the Minister seeking bail on Medical grounds. The court observed that Balaji's medical condition was not one...

Madras High Court Directs Murder Trial To Be Conducted Inside Jail Premises Considering Life Threat To Accused And Witnesses

The Madras High Court recently directed the trial of a murder case to be conducted inside the prison premises keeping in mind the life threat to the accused and the victims in the case. Noting that extraordinary circumstances require extraordinary remedies, the court added that its powers were not fettered and could be used in extraordinary situations. “Hence, this Court feels that...

“State’s Rejection Order Contrary To Secular And Democratic Way Of Governance”: Madras High Court Allows RSS To Conduct Route March

While directing the police authorities in the State to grant permission to the Rashtriya Swayamsevak Sangh (RSS) to carry out route marches, the Madras High Court observed that the State’s decision to deny permission in the first instance was against the secular and constitutional principles in the State. Justice G Jayachandran noted that the state had denied permission to RSS by...

Madras High Court Judge Says Jal Jeevan Tenders Cannot Bypass Panchayat President But Refers Issue To Chief Justice Citing Contrary Decision

While hearing a plea seeking to give powers to the Panchayat Presidents to invite and accept tenders in the Jal Jeevan Mission scheme, the Madras High Court commented that work in such schemes falls within the domain of the local bodies and the panchayat presidents should not be bypassed and reduced to the level of a rubber stamp. Justice GR Swaminathan thus took a different view...