Madras High Court Weekly Round-Up: July 15 to July 21, 2024

Citations: 2024 LiveLaw (Mad) 280 To 2024 LiveLaw (Mad) 285

NOMINAL INDEX

G.Abdul Khadar Ibrahim v Commissioner of Police, 2024 LiveLaw (Mad) 280

Thameem Sindha Madar v The District Collector and Others, 2024 LiveLaw (Mad) 281

Kajendran J v Superintendent of Police, 2024 LiveLaw (Mad) 282

K Govindaraj v Union of India and Others, 2024 LiveLaw (Mad) 283

Kandasamy v The District Superintendent of Police and Others, 2024 LiveLaw (Mad) 284

State of Tamil Nadu and Others v All India Private Schools Legal Protection Society, 2024 LiveLaw (Mad) 285

REPORT

“India Land Of Diverse Religions & Customs”: Madras High Court Sets Aside Punishment On Muslim Policeman For Keeping Beard

Case Title: G.Abdul Khadar Ibrahim v Commissioner of Police

Citation: 2024 LiveLaw (Mad) 280

The Madras High Court recently came to the rescue of a police constable, who was punished for keeping a beard "following the commandments of Prophet Mohammed".

Stating that India is a land of diverse religions and customs, bench of Justice L Victoria Gowri held though police department warranted maintaining strict discipline, it would not mean that a personnel belonging to the minority community can be punished for maintaining a beard.

The court noted that as per an Office Memorandum issued to the Madras Police Gazette, while permission could not be granted to officers to maintain beard, Muslim police officers were entitled to maintain a beard throughout their lifetime.

Madras High Court Allows Muharram Processions In Ervadi, Says Fundamental Rights Must Take Precedence Over Fundamentalist Forces

Case Title: Thameem Sindha Madar v The District Collector and Others

Citation: 2024 LiveLaw (Mad) 281

The Madras High Court has allowed the conducting of Muharram ceremonies with the beat of drums, santhanakoodu, and Kuthirai pancha processions in the Ervadi Town in Tirunelveli district of Tamil Nadu.

Justice GR Swaminathan emphasized that the right to conduct a religious procession was protected under Article 19(1)(b) and (d) of the Constitution and it was not open for members of fundamentalist Thowheed Jamath to dictate how other members should conduct the festival. The court also added that when one's fundamental rights were under threat, the administration had a duty to uphold the rights but it was unfortunate that the administration had succumbed to the threats held out by the Thowheed Jamath members.

The court also remarked that like language, religion was not the same everywhere, and if the people in Ervadi believed in Music, the beat of drums, horse, and chariot processions, to expect them to conform to Saudi Arabian practice was nothing short of a Talibanic outlook.

Minor Girl's Aborted Foetus Not To Be Given To Police Or Court, Must Be Kept In Forensic Lab & Destroyed After Completion Of Case: Madras HC

Case Title: Kajendran J v Superintendent of Police

Citation: 2024 LiveLaw (Mad) 282

Noting that there was no standard operating procedure to deal with the products of conception after a Medical Termination of Pregnancy done for a minor pregnant girl, the Madras High Court observed that a guideline needed to be issued and followed across the state.

The bench of Justice N Anand Venkatesh and Justice Sunder Mohan noted that after a fetus less than 24 weeks old was completely sent to Forensic Science Lab and analysis was done, there was no standard operating procedure available and there was no facility to preserve the product of conception. The court thus made it clear that once the analysis was complete and a report was submitted by the FSL, the sample should be retained by the FSL till the completion of the case and destroyed after that.

The court also emphasized that the samples should not be handed over to the investigation officer and should never reach the hands of the victim girl or her family. With respect to fetus beyond 24 weeks, the court noted that the femur alone was handed over to the FSL, and the rest of the products of conception should be treated as Bio-Medical waste and destroyed as per the procedure.

'ED Action Without Any Basis' : Madras High Court Stops Money Laundering Probe Against Contractors Over Sand Mining

Case Title: K Govindaraj v Union of India and Others

Citation: 2024 LiveLaw (Mad) 283

The Madras High Court recently restrained the Enforcement Directorate from carrying out its investigation under the Prevention of Money Laundering Act against private contractors in connection with alleged illegal sand mining.

The Court noted that there was no scheduled offence in the present case and hence the PMLA investigation was not sustainable. Till there was a scheduled offence registered and detection of the proceeds of crime, the ED cannot carry out its investigation.

The bench of Justice MS Ramesh and Justice Sunder Mohan observed that the ED had initiated the proceedings under the Prevention of Money Laundering Act without any basis and without identifying any proceeds of crime. It noted that sand mining was not covered under the scheduled offences under the PMLA. The court added that unless a case in the scheduled offence was registered and such an offence generated proceeds of crime, the ED could not have initiated any action. The court further observed that even if ED's materials were to be accepted, it would only show that they have unearthed large-scale illegal mining that generated illegal money.

Peaceful Protests Deepen Reach Of Democracy, Increase Chances Of Its Survival: Madras High Court Allows Protests By BJP In Tirunelveli

Case Title: Kandasamy v The District Superintendent of Police and Others

Citation: 2024 LiveLaw (Mad) 284

While asking the state to consider a representation by the Bharatiya Janata Party to conduct a protest, the Madras High Court highlighted that the right to expression is an essential part of democracy.

Justice G Jayachandran observed that in a democratic country, every political party had a right to conduct an agitation, and a peaceful protest could deepen a democracy's reach and improve its chances of survival.

“Transfer Certificates Not A Tool For Schools To Collect Arrears Of Fees From Parents”: Madras High Court

Case Title: State of Tamil Nadu and Others v All India Private Schools Legal Protection Society

Citation: 2024 LiveLaw (Mad) 285

The Madras High Court has directed the State Government to issue circulars/instructions/orders to all the school administrations across the State, asking them not to insist on the production of a Transfer Certificate by a child seeking admission. The court has also asked the schools to refrain from making unnecessary entries in the TC regarding non-payment or delayed payment of the school fee. The court added that in case of any violation, appropriate action should be initiated under the RTE Act and other relevant laws.

Noting that TC was not a tool for schools to collect arrears of fee from the parents, the bench of Justice SM Subramaniam and Justice C Kumarappan observed that when an entry regarding arrears of fee is made in the TC, it would stigmatize the child and was a form of mental harassment under Section 17 of the Right to Education Act.

OTHER DEVELOPMENTS

Following Madras HC Order, Bar Council Of TN & Puducherry Issues Circular Mandating Stipend For Junior Lawyers

Following an order from the Madras High Court asking all Advocates and Senior Advocates to pay a stipend of Rs 15k-20k to junior lawyers, the Bar Council of Tamil Nadu and Puducherry has issued a circular intimating the order to all the lawyers and for implementing the same.

In June this year, a bench of Justice SM Subramaniam and Justice C Kumarappan asked the advocates in the state rolls of the Bar Council of Tamil Nadu & Puducherry to pay a monthly stipend of Rs. 15,000 to Rs. 20,000 to Junior Advocates engaged with them.

Madras High Court Issues Notice On Plea Seeking CBI Probe Into Death Of Former TN CM Jayalalithaa

Case Title: B Ramkumar Adityan v Home Secretary and others

Case No: WP No. 19554 of 2024

The Madras High Court has issued notice to the Central Government and State Government in a plea seeking a CBI inquiry into the death of former Tamil Nadu Chief Minister J Jayalalithaa.

The bench of Acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq issued notice to the authorities on a plea filed by Advocate Ramkumar Adithyan. The court asked the respondent authorities to look into the petition and get back to the court.

In his petition, Adityan submitted that he was compelled to file the petition even 8 years after Jayalalithaa's demise to find out the truth of her death which was still not revealed. He added that the press reports and medical reports suggest that medical bulletins did not reflect the actual health of Jayalalithaa while she was hospitalized. He added that most of the statements were false.

'All This Happened Because Of One Industrialist': Madras HC Directs TN DVAC To Probe Assets Of Officers Accused In 2018 Thoothukudi Firing

Case Title: Henri Tiphagne v National Human Rights Commission and Others

Case No: WP (MD) 10526 of 2021

The Madras High Court on Monday directed the Tamil Nadu Directorate of Vigilance and Anti–Corruption (DVAC) to investigate the assets of all police and government officers named as accused in connection with the 2018 Thoothukudi Police Firing.

The bench of Justice SS Sundar and Justice N Senthil Kumar commented that the police officials had made the firing with an agenda. The court also remarked that the officials had worked for an “industrialist” who wanted the incidents to happen to send a message to the downtrodden.

The court also criticized the report filed by the Central Bureau of Investigation in connection with the investigation. The court commented that while the CBI was acting swiftly in some cases, in recent times it was taking sides and conducting investigations based on the preferences of a “single man”.

Centre Notifies Appointment Of Justice D Krishnakumar As Acting Chief Justice Of Madras High Court

The Central Government has appointed Justice D Krishnakumar, senior most judge of the Madras High Court as the next Acting Chief Justice of Madras High Court. The appointment comes after the Government cleared the appointment of Justice R Mahadevan, the current Acting Chief Justice of Madras High Court, as a judge of the Supreme Court.

Notably, on July 11, the Supreme Court Collegium recommended the appointment of Justice KR Shriram of Bombay High Court as the Chief Justice of Madras High Court. However, the Centre has yet to clear this appointment.

Madras High Court Questions Need To Bring 'New Criminal Laws', Says Govt Could Have Amended IPC, CrPC & Evidence Act To Bring Changes

Case Title: RS Bharathi v Union of India and Another

Case No: WP 20193 of 2024

The Madras High Court today wondered what prompted the Central government to repeal the erstwhile criminal laws of IPC, CrPC and the Evidence Act when any proposed changes could have been incorporated by way of amendments to those Acts.

While hearing three PILs filed by DMK organising secretary RS Bharathi challenging the constitutional validity of the BNS, BNSS and BSA, a division bench headed by Justice SS Sundar orally remarked,

The bench also comprising Justice N Senthilkumar recollected that when the CPC was amended, there was a huge cry and many judgements were passed giving interpretation of the law. It thus apprehended that the new laws will bring confusion and will require interpretations, in effect causing more delays in the justice delivery system. "Here, the object of amendments may have been good. But the court is concerned with the delay that may be caused by the new law."