Madras High Court Weekly Round-Up: June 12 To June 18

Citations: 2023 LiveLaw (Mad) 165 To 2023 LiveLaw (Mad) 168

NOMINAL INDEX

K. Mubeena Banu v. Tamil Nadu Health & Family Welfare Department and others, 2023 LiveLaw (Mad) 165

Ditty Mathew v. The Secretary and others (and connected case), 2023 LiveLaw (Mad) 166

S Megala v The State and others, 2023 LiveLaw (Mad) 167

Senthil Balaji v. A Shankar, 2023 LiveLaw (Mad) 168

REPORTS

Govt Hospitals Flooded With Patients; Court Cannot Interfere With Medical Decision Of Specialists: Madras High Court

Case Title: K.MubeenaBanu v. Tamil Nadu Health & Family Welfare Department and others

Citation: 2023 LiveLaw (Mad) 165

While refusing relief to a mother alleging medical negligence, the Madras High Court said the government hospitals in the country are already flooded with patients and the courts cannot be expected to interfere with the decisions of the specialist doctors with respect to the treatment to be provided to patients.

Justice SM Subramaniam also observed that High Courts, under Article 226, cannot be expected to act as an expert body and pass directions for treatment as the same would amount to excess exercise of judicial review.

Beef Fest At IIT: Madras High Court Says Students Have Right To Protest But Cannot Be Permitted To Go Berserk

Case Title: Ditty Mathew v. The Secretary and others (and connected case)

Citation: 2023 LiveLaw (Mad) 166

The Madras High Court disposed of a Public Interest Litigation filed by students of Indian Institute of Technology (IIT) Madras seeking action against police officials who allegedly attacked students during a protest in 2017. The students were protesting against an attack on a PhD Scholar who had participated in a Beef Fest conducted by some students of the institute in light of the Union government's notification regulating the sale of cattle for slaughter.

The bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu closed the petitions after noting that six FIRs have already been registered and that the cases are pending before the trial court. The court also said that even though students have the right to protest but they must do so in a peaceful manner in accordance with law.

Madras High Court Denies Interim Bail To Tamil Nadu Minister Senthil Balaji, Allows His Transfer To Private Hospital

Case Title: S Megala v The State and others

Citation 2023 LiveLaw (Mad) 167

The Madras High Court denied interim bail to Tamil Nadu Minister Senthil Balaji but allowed his family's request to transfer him to a private hospital — Kauvery Hospital, for treatment.

The bench of Justice J Nisha Banu and Justice Bharatha Chakravarthy passed the orders on the habeas corpus petition filed by Meghala, Balaji's wife.

The court said that since a challenge has been raised in the manner of his arrest, the question would be whether all the procedures have been followed and whether there was any illegality. The court said that it would take up the petition and issued notices to the respondent authorities to be returnable by June 22.

The court also noted that in matters concerning health, one should be allowed to get treatment at a place of his choice.

The court noted that since both the doctors at Omandurar Government Hospital and the ESI doctors have suggested immediate treatment to Balaji, it would be better of he is given such treatment. At the same time, the court said that the medical expenses should be met by Balaji himself.

Since ED had objected to Balaji's transfer to a private hospital, the court, while allowing the transfer, also directed that the team of doctors constituted by ED can regularly monitor Balaji's treatment at the private hospital.

ALSO READ: Habeas Corpus Plea Filed In Madras High Court Against Senthil Balaji’s Arrest By ED, Justice Sakthivel Recuses

Madras High Court Vacates Interim Order Restraining Savukku Shankar From Making Statements Against Senthil Balaji

Case Title: Senthil Balaji v. A Shankar

Citation: 2023 LiveLaw (Mad) 168

The Madras High Court has vacated an interim order which had restrained Youtuber Shankar alias Savukku Shankar from making derogatory videos and statements against Minister V Senthil Balaji.

Justice K Kumaresh Babu noted that as per previous decisions of the Supreme Court and the High Court, only statements of a person dealing with private life would be subject to scrutiny in a pretrial stage. The court added that in the present case, the videos and comments were made against the Minister in his official duty and thus the court was not inclined to grant the relief of injunction prayed for.

At the same time, in another petition moved by the Minister claiming that Shankar had violated the earlier order of the court and continued to make derogatory comments, the court directed Shankar to pay a sum of One Lakh rupees for his remorseless conduct "impinging the majesty of the court".

The court noted that even after the interim order passed in August last year, Shankar had reposted the earlier statements which were found to be defamatory. This, in the opinion of the court, was wilful disobedience which was liable to be punished.

OTHER DEVELOPMENTS

Tamil Nadu Minister Senthil Balaji Remanded To Judicial Custody Till June 28 In Money Laundering Case

The Tamil Nadu Minister Electricity Minister Senthil Balaji has been sent to Judicial Custody for a period of two weeks till June 28 by the District & Sessions Court.

The District Sessions Judge S Alli earlier visited Balaji at the hospital before deciding on his remand.

Following this, an application was filed by the Minister seeking bail or in the alternative "rejection" of the remand order. Senior Counsel NR Elango said that they had three prayers each in the alternative of another - firstly, to reject the judicial custody of Balaji, secondly for grant of interim bail and thirdly to transfer him to Cauvery Hospital for immediate treatment.

Court Sentences Former Tamil Nadu Special DGP To 3 Years Imprisonment For Sexually Harassing Woman IPS Officer

A DGP-rank officer Rajesh Das has been convicted of sexual harassment by the Chief Judicial Magistrate Court at Villupuram in Tamil Nadu. Das, who was a Special DGP in the state, had sexually harassed a woman Superintendent of Police while on duty in 2021.

Villupram Chief Judicial Magistrate Pushparani on Friday sentenced Das to three-year imprisonment and fine. The court also imposed a fine of Rs.500 on then Chengalpattu SP D Kannan, who had tried to prevent the woman IPS officer from lodging a complaint.

Chennai Court Grants 8 Days Custody To ED For Interrogating Senthil Balaji

A court in Chennai on Friday granted the Enforcement Directorate 8 days custody to interrogate Tamil Nadu Minister Senthil Balaji in connection with the case under the Prevention of Money Laundering Act. The court has asked ED to produce Balaji on June 23.

Principal Sessions Judge S Alli, checked up on Balaji's health through Video Conferencing before passing the order on his custody. Balaji is currently admitted at Kauvery Hospital following an order of the High Court allowing his transfer from Omandurar Government Hospital.