Madras High Court Weekly Round-Up: February 19 - February 25, 2024

NOMINAL INDEX

The Under Secretary to Govt v RK Venkatachalam and Others, 2024 LiveLaw (Mad) 73

Siva and Others v State and Another, 2024 LiveLaw (Mad) 74

Dr. Shri Harish v Union of India, 2024 LiveLaw (Mad) 75

(T) CMA (PT) No.88 of 2023 (OA/14/2017/PT/CHN), 2024 LiveLaw (Mad) 76

G Bhagavath Singh v The Commissioner of Police, 2024 LiveLaw (Mad) 77

N Ilango v The Chief Secretary, 2024 LiveLaw (Mad) 78

XYZ v Kalakshetra Foundation and Others, 2024 LiveLaw (Mad) 79

C Rasu v The Principal Secretary and Commissioner, 2024 LiveLaw (Mad) 80

Tvl.Transtonelstory Afcons Versus The Assistant Commissioner (CT), 2024 LiveLaw (Mad) 81

Dharma v Inspector of Police, 2024 LiveLaw (Mad) 82

REPORT

'Read Schemes Harmoniously': Madras HC Directs MHA To Give Pension To 94-Yr-Old Ex-Army Personnel Who Was Incarcerated In Rangoon Jail In 1945

Case Title: The Under Secretary to Govt v RK Venkatachalam and Others

Citation: 2024 LiveLaw (Mad) 73

While observing that the schemes in the Swatantrata Sainik Samman Yojana have to be read harmoniously, the Madras High Court recently directed the Union Government to provide pension to a nonagenarian former member of the Indian National Army who was incarcerated in Rangoon (Myanmar) back in 1945.

The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy noted that in cases where the persons belonging to the Indian National Army were incarcerated in a foreign country, it would be difficult to strictly adhere to the criterion provided in the scheme and in such cases, the scheme had to be read harmoniously.

The court noted that while mainland prisoners could produce certificate from the jail authorities to prove their claims, the members of the INA, who were incarcerated in other countries could not produce such certificates. The court also noted that if insistence was made regarding the certificate of co-prisoners, it would become an eligibility instead of proof.

Madras High Court Grants Bail To Men Booked Under SC/ST Act On Undertaking To Pledge Allegiance To Constitution Against Untouchability

Case Title: Siva and Others v State and Another

Citation: 2024 LiveLaw (Mad) 74

The Madras High Court recently granted bail to three men who were accused under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, after they undertook to file affidavits pledging allegiance to the Constitution stating that they would not practice social discrimination or untouchability.

Noting that the investigation was in the penultimate stage and the charge sheet was also to be filed shortly, the court was inclined to grant bail upon the filing of the undertaking.

Madras High Court Refuses To Stall Formula 4 Night Racing, Asks State To Conduct Race With Highest Degree Of Public Safety

Case Title: Dr. Shri Harish v Union of India

Citation: 2024 LiveLaw (Mad) 75

The Madras High Court on Monday refused to stall the Formula 4 night street racing scheduled to be held in Chennai. Though the race was initially proposed to be held in early December 2023, it was later postponed following the Michaung Cyclone.

The bench of Justice R Mahadevan and Justice Mohammed Shaffiq have now dismissed a batch of pleas challenging the conduct of the race. The court noted that the State had decided to conduct the race as part of its policy decision to promote sports and had already spent huge amounts making enormous efforts for the race. The court was thus not inclined to stall the race and prevent the state from implementing its policy decision.

The court thus permitted the race to be conducted on the dates to be fixed by the State in consultation with the stakeholders. The court also directed that the race be conducted with highest regard for public safety and asked the organisers to install necessary silencing equipment for noise control and to provide necessary protective gear to the public viewers.

S. 2(1)(ja) Patents Act | Person Skilled In 'Art' Is Someone Whose Skill Is Greater Than The Average Person: Madras High Court

Citation: 2024 LiveLaw (Mad) 76

While elaborately discussing who would be a “person skilled in the art” under the Patents Act, the Madras High Court recently observed that a person skilled in the art is someone who has a skill level good/greater than the average person.

Further, the court noted that the educational/academic or vocational qualifications of the person would depend on the art. The court added that work experience would be a requirement as an ordinary person with requisite educational qualification but no work experience would not be a skilled person. The court also remarked that such a person should be able to use the tools of the trade.

With respect to identifying the person skilled in the art, the court observed that the person could be readily identified from the field of invention. The court further added that this person could be an individual or a group of persons with the requisite skills.

Demanding To Make Tamil Official Language Of Court Not Illegal: Madras High Court Allows Lawyer To Go On Indefinite Fast

Case Title: G Bhagavath Singh v The Commissioner of Police

Citation: 2024 LiveLaw (Mad) 77

The Madras High Court recently allowed a lawyer to go on a hunger strike demanding to make Tamil an official language of the High Court. The court thus allowed the lawyer to conduct the indefinite fasting near Rajarathinam, stadium from February 28^th 2024.

Justice Anand Venkatesh observed that the lawyer had only intended to express himself strongly and there was nothing illegal in the objective.

The court also made it clear that of any leader wanted to extend support to the fasting and speak by arranging a meeting near the venue of fasting, prior intimation should be given to the jurisdictional police and permission be taken.

Madras High Court Refuses To Order Action Against Irrigation Officer Who Asked Employees To Perform Special Poojas In Temples For Inducing Rain

Case Title: N Ilango v The Chief Secretary

Citation: 2024 LiveLaw (Mad) 78

The Madras High Court has recently dismissed a plea seeking action against the Chief Engineer, Water Resources Organisation who had issued a circular asking his subordinates to perform special poojas in important temples for getting rain.

Referring to a Government Order, the bench of Justice D Krishnakumar and Justice R Vijayakumar noted that the GO had not prohibited any authority to ask his subordinates to conduct pooja. The court further noted that what the GOs had prohibited was the practice of worship in the office premises.

Kalakshetra Sexual Harassment Case: Madras High Court Closes Plea By Students For Formulation Of Safety Policies

Case Title: XYZ v Kalakshetra Foundation and Others

Citation: 2024 LiveLaw (Mad) 79

The Madras High Court has disposed of a plea filed by a group of students from Rukmini Devi College of Fine Arts, functioning under the Kalakshetra Foundation. The students had approached the court for the formulation of proper safety policies and redressal mechanisms in the college.

Justice Anita Sumanth noted that there was no necessity to issue directions as the college had finalized the Gender Neutral Policy for Prevention, Prohibition, and Redressal of Sexual Harassment Complaints. The court also noted that the Internal Complaints Committee was also re-constituted and thus the reliefs sought had been remedied.

The court, however, also added that the institution's failure to address the allegations put forward by the students was a “blight on Kalakshetra”. The court added that the stakeholders in the education system were expected to adhere to the expectations that were demanded.

Madras High Court Asks District Collector To Handover Ancient Temple To Archaeology Department After It Identifies Sculptures, Statues Etc

Case Title: C Rasu v The Principal Secretary and Commissioner

Citation: 2024 LiveLaw (Mad) 80

The Madras High Court has recently asked the Namakkal District Collector to handover required extent of land of the Sri Kottaianna Swamy Temple to the Archaeology Department for conducting research. The department had, on inspection found important archaeological remains in the temple premises.

Justice SM Subramaniam asked the authorities to initiate land acquisition proceedings and complete the same within a period of 6 months to avoid further damage to the site area and the sculptures, culverts, statutes etc.

Chennai Metro Rail Responsible For TDS Deduction And Not Work-Contractors: Madras High Court

Case Title: Tvl.Transtonelstory Afcons Versus The Assistant Commissioner (CT)

Citation: 2024 LiveLaw (Mad) 81

The Madras High Court has held that Chennai Metro Rail Ltd. (CMRL) is responsible for TDS deduction and not work contractors.

The bench of Justice C. Saravanan has observed that if CMRL had failed to deduct the amounts under Section 13(1) of the TNVAT Act, 2006, machinery under Section 13(8) of the TNVAT Act, 2006, is to be directed only against CMRL. Therefore, to that extent, the impugned notices are without jurisdiction. The 2% demand proposed in the notices is to be directed only against CMRL and not on the petitioner, the work contractor.

The court noted that Section 13(1) of the TNVAT Act, 2006, contemplates deduction of tax by the person responsible (namely the employer) for paying any amount to a dealer whose service is engaged for executing a works contract for civil contract work and/or civil maintenance works contract for the former.

NDPS Act | 'Conscious Possession' Along With Physical Possession Essential Element To Constitute Offence: Madras High Court

Case Title: Dharma v Inspector of Police

Citation: 2024 LiveLaw (Mad) 82

The Madras High Court recently observed that conscious possession along with actual physical possession was a necessary element for constituting an offence under the Narcotic Drugs and Psychotropic Substances Act.

Justice Vivek Kumar Singh of the Madurai bench observed that like actus reus and mens rea, which were essential elements in criminal law, in the NDPS Act, the physical, as well as the mental possession of drugs, were essential elements.

The court added that offences involving drug peddling affected the financial security of the nation and contributed to anti-national activities as it provided funds to terrorist organisations. Thus, the court highlighted that a balance had to be struck to make sure that the criminals involved in grave offences do not go unpunished and at the same time an innocent is protected from an adverse interpretation of the law. In the court's opinion, the rule of conscious possession provided this balance.

OTHER DEVELOPMENTS

Convicted Prisoners Can Argue Their Own Case From Prison Through Use Of Video Conferencing Facilities: Madras High Court

The Madras High Court on Wednesday remarked that a convicted prisoner, who wished to argue his case on his own without engaging a counsel should be permitted to do so from the prison using the video conferencing facilities.

The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy was hearing a plea by businessman R Subramanian, promoter of Subhiksha retail chain. In November last year, Subramanian was sentenced to 20 years imprisonment for defrauding investors and diverting their investments through shell companies.

Though the court noted that a blanket relief could not be granted, it added that there was nothing against the same and a convict could be allowed to argue their case by providing necessary video conferencing facilities inside the premises. The court also added that the accused need not be required to come to court and could use the video conferencing facilities to argue the case from prison.

'Under S.45 PMLA, Enough For Accused To Put A Dent On Prosecution Materials”: Senthil Balaji Argues, Madras HC Reserves Orders On Bail Plea

The Madras High Court on Wednesday reserved orders on the bail plea of MLA and former Minister Senthil Balaji. Balaji was arrested by the Enforcement Directorate in June last year in a cash-for-jobs money laundering case.

Justice Anand Venkatesh has reserved orders after hearing the arguments of Senior Advocate Aryaman Sundaram and ASG ARL Sundaresan assisted by Advocate N Ramesh.

When the matter was taken up on Wednesday, Sundaram, appearing for Balaji submitted that for the purpose of deciding bail under Section 45 of the Prevention of Money Laundering Act, it was enough for the accused to put a dent on the materials relied upon by the prosecution. Sundaram argued that in the present case, the accused has gone a step further and put a dent on the only material relied upon by the prosecution and has thus questioned the probative value of the evidence.