Madras High Court Weekly Round-Up: May 29 To June 4

Citations: 2023 LiveLaw (Mad) 152 To 2023 LiveLaw (Mad) 159

NOMINAL INDEX

Tamil Nadu Ayush Sonologist Association v. The Union of India and others, 2023 LiveLaw (Mad) 152

Rajini v The Superintendent of Police and others, 2023 LiveLaw (Mad) 153

E Anna Yesudhas v The District Collector, 2023 LiveLaw (Mad) 154

Vadivel and others v State, 2023 LiveLaw (Mad) 155

Vediyappan v State, 2023 LiveLaw (Mad) 156

Salem District Nature and Environment Protection Society v. Chief Secretary to Government and others, 2023 LiveLaw (Mad) 157

Theeran Thirumurugan v. Union of India and others, 2023 Livelaw (Mad) 158

Yuvaraj v Additional Superintendent of Police and other (batch cases), 2023 LiveLaw (Mad) 159

REPORTS

AYUSH Doctors Can't Perform Ultrasound Techniques On Pregnant Women Without Specialised Qualification Under PC-PNDT Act: Madras High Court

Case Title: Tamil Nadu Ayush Sonologist Association v. The Union of India and others

Citation: 2023 LiveLaw (Mad) 152

The Madras High Court has emphasized that only a doctor having specialised qualifications as specified under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 can perform Ultra Sonogram and other Ultra sound techniques on pregnant women.

Justice SM Subramaniam thus dismissed a petition filed by the Tamil Nadu Ayush Sonologist Association seeking permission to conduct these techniques.

The court agreed with the State's submission. It noted that for carrying out the diagnostic procedures and Ultra Sonogram/Ultrasound techniques, the Pre-Conception and Pre-Natal Diagnostic Techniques Act will prevail over the Tamil Nadu Clinical Establishments Act.

Normally Wouldn't Interfere With Probe But Can't Turn Blind Eye To Police Harassment Happening Under Guise Of Investigation: Madras High Court

Case Title: Rajini v The Superintendent of Police and others

Citation: 2023 LiveLaw (Mad) 153

The Madras High Court recently observed that though courts normally do not interfere with the investigation carried out by police officers, it would also not turn a blind eye to instances of harassment by police under the guise of investigation.

Justice Sathi Kumar Sukumara Kurup was dealing with a plea filed by one Rajini contending that the police were harassing her under the guise of an enquiry/investigation. The police authorities, on the other hand, submitted that a notice under Section 41A of CrPC was issued to the petitioner based on a complaint and pending enquiry.

The court noted that though the Magistrate is a guardian of all stages of police investigation, he does not have the power to interfere in the actual investigation. The court added that this has led to numerous cases of police harassment.

‘When There Are Several Grown Trees, It Would Not Be A Wise Thing To Cut Them Down For Sake Of Constructing A Building’: Madras High Court

Case Title: E Anna Yesudhas v The District Collector

Citation: 2023 LiveLaw (Mad) 154

The Madras High Court recently emphasized that the State must take steps for trees in this age of climate change. The court said that felling of trees for the construction of the building was not a wise decision.

Justice GR Swaminathan of the Madurai bench was hearing a petition by Anna Yesudhas challenging the decision of Kanyakumari District Authorities to cut down trees for facilitating the construction of a new Panchayat building.

Punishment Without Proper Identification Directly Impinges Personal Liberty: Madras High Court Sets Aside Conviction In Robbery Case

Case Title: Vadivel and others v State

Citation: 2023 LiveLaw (Mad) 155

While setting aside the conviction of a man charged for robbery, the Madras High Court emphasised on the need for Test Identification Parade. The court highlighted that punishing a person without proper identification will directly impinge his personal liberty guaranteed under Article 21 of the Constitution.

Justice Anand Venkatesh added that courts should not be swayed by emotions and must ensure that the accused persons are properly identified.

The court also noted that in many cases, the police officers usually show a habitual criminal as the accused as it was convenient. The court observed against this line of investigation and said that just because a person is a habitual criminal, he cannot not be held responsible for every crime that took place in the society. This attitude, according to the court, will cause a dent in the criminal justice system and will make the officers ineffective.

Courts Should Be Guided By Legal Evidence, Not Moral Conviction & Hypothetical Propositions: Madras High Court

Case Title: Vediyappan v State

Citation: 2023 LiveLaw (Mad) 156

While setting aside the conviction of a man for the offence of acid attack and house trespass, the Madras High Court observed that the courts must be bound by legal evidence and not moral conviction.

Justice V Sivagnanam said that administration of justice in the country was founded on the principle that an accused person must be presumed to be innocent until proven guilty. In the present case, citing lack of evidence to connect the accused with the crime, the court noted that the appellant Vediyappan is entitled to acquittal.

Madras High Court Dismisses PIL Seeking Increase In Sports Quota In Higher Educational Institutions

Case Title: Salem District Nature and Environment Protection Society v. Chief Secretary to Government and others

Citation: 2023 LiveLaw (Mad) 157

The Madras High Court has dismissed a Public Interest Litigation seeking increase in the number of seats under the Sports Quota in higher education institutions in Tamil Nadu.

The division bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu observed that the matter is beyond the purview of writ jurisdiction of the court as it is a policy decision of the government.

The petitioner, Salem District Nature and Environment Protection Society submitted that there is no regulated quota to the sports persons in higher studies in Tamil Nadu. The president of the society, Arthanari also submitted that even though in Tamil Nadu a lot of students are taking sports as a career, no proper reservation or regularised reservation is being given to them causing great injustice.

Madras High Court Stays Press Communique Calling For Suggestions On Forest Bill After Centre Fails To Translate It Into Vernacular Languages

Case Title: Theeran Thirumurugan v. Union of India and others

Citation: 2023 Livelaw (Mad) 158

The Madurai bench of the Madras High Court has ordered an interim stay on the press communique issued by the Joint Committee on the Forest (Conservation) Amendment Bill 2023 which had invited suggestions from the public in general and NGOs / experts / stakeholders and institutions in particular about the bill.

The bench of Justice MS Ramesh and Justice PT Asha agreed with the submissions of Theeran Thirumurugan, who has filed a public interest litigation seeking direction for translating the bill in Tamil and for accepting suggestions in Tamil language.

The court, though appreciated the endeavour of calling for suggestions, also noted that the object would be defeated if bill or the press communique does not reach the sections of the public who were unaware of English or Hindi.

Madras High Court Upholds Conviction Of Accused In Gokulraj Murder Case, Says They Were Under Influence Of ‘Demon Called Caste’

Case Title: Yuvaraj v Additional Superintendent of Police and other (batch cases)

Citation: 2023 LiveLaw (Mad) 159

The Madras High Court has upheld the life imprisonment of eight accused in the Gokul Raj murder case. The court altered the charges against two other accused to imprisonment of five years.

The division bench of Justice MS Ramesh and Justice Anand Venkatesh observed that the prosecution had proved the chain of circumstances that had led to the murder of Gokulraj by the accused persons.

OTHER DEVELOPMENTS

Madras High Court Restrains Taxes Department From Demanding Penalty From Music Composer Harris Jayaraj In Maserati Car Import Case

Case Title: J Harris Jayaraj v The Assistant Commissioner (FAC) and others

Case No: WA 1017 of 2023

The Madras High Court has granted an interim injunction in favor of music composer Harris Jayaraj, restraining the State Tax Commissioner from demanding a penalty over delayed payment of entry tax for a Maserati Granturismo vehicle that he had purchased in 2010.

The division bench of Justice R Mahadevan and Justice Mohammed Shaffiq was dealing with a plea filed by the music composer challenging an order passed by the Single Judge directing him to pay the entry tax along with the penalty, and a subsequent notice issued by the Assistant Commissioner (ST) (FAC) directing him to pay a sum of Rs. 11,50,952.