Madras High Court Weekly Round-Up: July 24 - July 30

Citations: 2023 LiveLaw (Mad) 206 To 2023 LiveLaw (Mad) 207

NOMINAL INDEX

State v Commandant, Air Force Administrative College, 2023 LiveLaw (Mad) 206

S Chandran v. The Regional Passport Officer, 2023 LiveLaw (Mad) 207

REPORTS

Ensure ICC As Per POSH Act Exists In Armed Forces; Impart Gender Sensitive Awareness To Armed Personnel :Madras High Court To Centre

Case Title: State v Commandant, Air Force Administrative College

Citation: 2023 LiveLaw (Mad) 206

While dealing with a case of sexual harassment of a woman air force personnel by another air force personnel, the Madras High Court directed the Central Government to ensure that a proper Internal Complaints Committee existed in the Armed Forces in compliance with the Prevention of Sexual Harassment at Work Act. The court also directed the Central Government to sensitise the armed personnel by imparting gender-sensitive awareness training to achieve the objectives of the legislation.

The directions were issued by Justice RN Manjula after noting that the woman officer had resorted to filing a police complaint after being unsatisfied with the investigation carried out by the Air Force Authorities and after facing humiliation in the services and being threatened to withdraw the complaint.

ALSO READ: Madras High Court Issues Guidelines To Criminal Courts On Handing Over Custody Of Armed Personnel In Criminal Offences

'Committed Mistake But Can’t Be Condemned Forever': Madras High Court Directs Passport Authority To Consider Man’s Application For Passport

Case Title: S Chandran v. The Regional Passport Officer

Citation: 2023 LiveLaw (Mad) 207

While directing the Regional Passport Authority to consider the request of a man for issuance of a passport after his earlier passport was impounded by the authorities for giving false particulars, the Madras High Court said the person has suffered disproportionately as he has been without the travel document for almost nine years.

Justice GR Swaminathan of the Madurai bench observed that though in case of giving false particulars, the Passport Authority has no option but to impound the passport, the court cannot lose sight of the human angle also.

OTHER DEVELOPMENTS

Madras High Court Seeks State's Response On Plea Seeking Reservation, Age Relaxation For Transgender Persons In Sub-Inspector Recruitment

Case Title: Grace Banu Ganesan and another v State of Tamil Nadu and another

Case No: WP 21631 of 2023

The Madras High Court on Monday directed the State Government to respond to a petition seeking reservation and age relaxation for transgender persons in the recruitment for the post of Sub-Inspector of Police.

The division bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu directed the Home (Police) Department and the Tamil Nadu Uniformed Services Recruitment Board to respond to the plea by September 26^.

Madras High Court Chief Justice Has Assured Status Quo On Displaying Ambedkar Portraits In Courts: Tamil Nadu Govt

Madras High Court Chief Justice SV Gangapurwala has assured Tamil Nadu Law Minister S Raghupathy that the status quo will be maintained in the court premises in respect of the portraits of BR Ambedkar, the state government said.

According to a press release issued by the Department of Information and Public Relations, the state law minister met with the Chief Justice on the instructions of the Chief Minister MK Stalin, and communicated the Government's stand that Dr. Ambedkar's portraits be not removed from the court halls in the state. The Chief Justice then reportedly assured the Law Minister that no such order for the removal of portraits was made.

The Press Release further said that the Chief Justice's assurance was communicated to various advocate associations.

Madras High Court Declines To Pass Any Order On Starting Date Of Senthil Balaji's Custody, Says Matter Now Pending Before Supreme Court

Case Title: Megala v State

Case No: HCP 1021 of 2023

The Madras High Court today closed proceedings in the habeas Corpus Petition filed by Megala, wife of Tamil Nadu minister Senthil Balaji against his arrest by the Enforcement Directorate.

The bench of Justice Nisha Banu and Justice Bharatha Chakravarthy decided to close the matter after observing that the Supreme Court was already seized of the matter in the appeals pending before it.

Justice Banu noted that she could not say anything about the first date of custody since she stood by her judgment. She thus suggested that the matter can be closed and the issue pertaining to the first date of custody could be decided by the Supreme Court. Justice Bharatha Chakravarthy agreed with this.

Madras High Court Issues Notice On Plea Seeking Govt-Run Old Age Homes In Every District

Case Title: Pascal Sasi R v State of Tamil Nadu

Case No: WP 21588 of 2023

A plea has been filed in the Madras High Court for setting up of government-run Old Age homes in every district of Tamil Nadu in accordance with Section 19(1) of The Maintenance and Welfare of Parents and Senior Citizens Act 2007.

When the matter came up before the bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu on Monday, the bench issued notice to the State and listed it for hearing on July 31. Pascal Sasi, a final year law student from Bengaluru's Christ University, has filed the petition.

Madras High Court Judge Inspects Puzhal Prison, Requests State To Consider Extending Conjugal Rights To Prisoners

Madras High Court judge Justice SM Subramaniam, who is also the Portfolio Judge for Thiruvallur District, recently conducted a surprise inspection in the Puzhal Prison and thereafter conducted a review meeting with officials. Subsequently, the judge issued a slew of directions for better management of the prison.

The judge has requested the Government of Tamil Nadu to consider implementing the scheme of Conjugal right to prisoners similar to what has been enforced in the State of Punjab and Haryana.

Among other things, the judge also focused on the facilities available in the prison and directed that additional halls be provided or existing halls be expanded for the Lawyers and visitors to keep a conducive atmosphere.