Friday, March 13, 2009

மீண்டும் ஒரு வாய்தா

For those of us who think that the best route for lawyers to take is to litigate seeking vindication of their rights, think again. From the 19th of February 2009, lawyers have moved the High Court, the Supreme Court and the High Court again by filing various cases. The latest of these cases were cases filed by various bar associations before the High Court. When the matters came up before a Division Bench headed by the Chief Justice, after hearing arguments urging that suspension of police officers was the minimum requirement to ensure a fair and impartial enquiry, the High Court directed Respondents to file a counter and directed these new writ petitions before the Full Bench. However while doing so, the matter before the Full Bench (which should have been posted for hearing on the 11th of March 2009 but has not been posted so far due to the ill health of Mr. Justice Mukhopadhyay) was also directed to be heard on the 26th of March 2009. The Government Pleader also undertook to produce a log of the both the internal and external communication of the police officers by the 14th of March 2009 and to produce the record of calls made by the police officers on the 16th of March 2009.

The Government Pleader continued evading the question "who ordered the entry int Court of armed police personnel and who ordered the lathi charge"?

With the Government in no mood to relent, it is not likely that normalcy will return to court halls in the near future.

2 comments:

  1. Mohan wrote:

    > The Government Pleader continued evading the
    > question "who ordered the entry into Court of
    > armed police personnel and who ordered the
    > lathi charge"?

    Is that because the answer is obvious under various provisions?

    Section 4 of the Tamil Nadu District Police Act 1859:

    4. Superintendence vested in the State Government.-
    The Superintendence of the Police throughout the General Police District shall vest in, and be exercised by the State Government and, except as authorised by them under the provisions of the Act, no person; officer or Court shall be empowered to supersede or control any police functionary, any Regulation, Act or usage to the contrary notwithstanding.

    Section 5 of the T.N. City Police Act, 1888 says:
    5. The administration of the Police of the City of Madras shall be vested in an officer to be styled the Commissioner of Police for Madras.

    Under Section 23 of the TNCPA, 1888:
    Every Police Officer shall, for the purposes of this Act, be considered to be always on duty. He shall not engage, without the written permission of the Commissioner in any duty other than his duties under
    this Act.

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  2. Am in the openion that the matter will be again and again adjourned for one or other reason upto the Lok sabha poll...
    Rajesh.G

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