Indecent Behaviour During Virtual Court: Madras High Court Issues Notice To Accused Lawyer

Today, A Division Bench of Justices P.N Prakash and R. Hemalatha noted that the lawyer involved in the matter has been identified based on a preliminary report filed by the Inspector of Police, Cyber Crime Cell, CB-CID. According to the preliminary report, CB- CID has registered a case against the lawyer for offences under Sections 228, 292(2)(a) and 294(a) IPC and Section 67-A of the Information Technology Act, 2008.

Therefore, the court observed in the order that:

"Now that the identity of the male in the impugned video clipping has been established, we array R.D.Santhanakrishnan as 1st respondent/alleged contemnor… Issue statutory notice to R.D.Santhanakrishnan returnable by 20.01.2022."

The preliminary report submitted by CB- CID also states that the identity of the women involved in the video clipping has not been ascertained yet, and that the investigation is currently in progress.

Pursuant to the court's direction on 21^st December, the Public Prosecutor Hasan Mohamed Jinnah has also submitted 'Action Taken Report' on behalf of the Greater Chennai Police Commissioner. The said report states that necessary communications have been made with various social media platforms to block the circulation of the controversial clipping. The Police Commissioner has also informed that the blocking is currently being pursued with the nodal officers concerned.

The court also noted that the Bar Council of Tamil Nadu & Puducherry has already suspended the lawyer because of the incident that occurred in the court of Justice G.K Ilanthiraiyan.

"The learned Public Prosecutor further brought to our notice that the Bar Council of Tamil Nadu and Puducherry has placed R.D.Santhanakrishnan under suspension vide ROC.No.7019/2011 dated 21.12.2021, for his indecent behaviour, pending disposal of the disciplinary proceedings initiated against him."

On 21^st December, expressing the anguish over 'brazen vulgarity during court proceedings', the Division Bench had initiated suo motu criminal contempt proceedings. By taking cognisance of the video clipping that was being circulated in social media, the Bench asked CB-CID to register a suo motu FIR and noted:

"Since the impugned video clipping prima facie discloses the commission of cognizable offences under the Information Technology Act and other penal laws, the CB-CID shall register a suo motu FIR on the impugned video clipping and file a preliminary report before this Court on 23.12.2021 (Thursday) naming the 'dramatis personae' who are found engaged in the vulgar activity"

The court had also directed the concerned authorities to prevent the circulation of video clipping and to ensure that it is taken down.

Case No: Suo Motu Criminal Contempt Petition No.1699/ 2021