Friday, March 27, 2009

High Court order- a week down, no action to go

It is now more than a week from the time the High Court passed orders directing the suspension of two policemen for their role and responsibility (as admitted by the State Government before the Srikrishna Commission and by the Police Commissioner before the High Court) for the police atrocities committed inside and in the neighbourhood of the campus of the High Court, Madras. While lawyers have returned to work respecting the decision of the Full Bench directing them to return to work, such respect for court orders has been conspicuous in its absence among the ruling political establishment and bureaucrats. This inaction itself demonstrates the complicity of the state in the tragic events that began with the state violence on the 19th of February 2009.


  1. The T.N.Govt is deliberately sheilding the accused police officers despite the Supreme Court refused to grant stay. These officials are so influential even to stall the judicial orders.If such officials are continued to hold office then they can easily tamper the witnesses and hinder the CBI probe in to the 19.02.2009 incident. Hence the Govt should immedietely suspend the two accused officers as ordered by the High Court with out any further delay and also transfer the Commissioner Mr.Radhakrishnan out of Chennai to enable the CBI to conduct a free and fair investigation in to the said incident.
    M.Abdul Razack

  2. Why transfer, Radhakrishnan must be suspended as it is clear that he was on the spot when the lathi charge took place and the amount of police force assembled at the High Court and the force unleashed could not have taken place without his consent/authorisation/orders

  3. There is a decision reported in AIR 2007 SC 2725 that involved a police officer making threats to a Magistrate. The factual background of the case (per R.V. Raveendran, J) was as follows: "Shri Pradeep Mittal, Judicial Magistrate, First Class, Dabra, sent a Report dated 1-11-1999 to the Inspector General of Police, Gwalior Circle, alleging that one Chander Bhan Singh Raghuvanshi, Station Officer, Picchhor came inside his Court Hall and threatened him by stating 'you have not done good by initiating contempt proceedings against me before High Court. I am back in Picchhor Police Station and I will see you' and 'I have set many Magistrates right and I will see you also'. The learned Magistrate complained that it was unbecoming of a police officer to threaten a Judicial Officer in court and interrupt the court proceedings and the misbehaviour warranted stern action." Upon report by the learned Magistrate to the High Court, contempt proceedings were initiated against the said Raghuvanshi. The High Court disposed of the contempt proceedings against Raghuvanshi by order dated 22/29.5.2000 holding him guilty in respect of both incident and imposed a punishment of three months simple imprisonment.

    For verbally abusing a Magistrate, three months simple imprisonment was ordered. The atrocious assault on 19th February, 2009 seems to be unprecedented in judicial history. If those who assaulted the institution in such a shocking manner go scot-free, it would be another unprecedented first as well.