Monday, March 2, 2009

High Court raps police on its knuckles

From available information provided by lawyers who managed to get into an overcrowded court call, where the Bench consisting of Acting Chief Justice S.J.Mukhopadhyaya, Mr. Justice V. Dhanapalan, Mr. Justice K. Chandru, it appears that the High Court expressed displeasure over the fact about the First Information Report lodged by the police at 7.20 p.m on 19/02/2009. The Court held/observed that the FIR which should have been lodged is one pursuant to the order of the High Court at 6.40 p.m which should have been considered the First Information Report and that the second F.I.R was illegal.


  1. Liberate Madras High Court!
    Finally some lawyers have accepted the truth that The High Court has got to be Liberated!
    But from whom it has to be liberated?
    It it not from the lawyers themselves?
    Should not the lawyers introspect themselves why they have landed in this kind of mess?
    Seeking Public sympathy thro Media?
    When few lawyers indulged in degrading the profession like Open Soliciting clients/accused at Magistrate Courts or Murdering Fellow advocate in Court Campuses or Beating up litigants at Court Campuses or Booing Judges when the Courts are in Session and endless list of third Rate acts committed, the so called Bar Council and Associations failed to raise their little Fingures against such unethical and unprofessional acts!
    In fact these are the order of the day!
    It is long time since people have lost trust in Judiciary.
    People approach Courts only to persecute their adversaries and not to get Justice.

    A big question
    "Who authorised Police to enter High Court premises?" is raised by even senior Lawyers!
    Is there any immunity for Lawyers or Judges from Police action in any Statute or Rules or Court Pronouncement or PSO prohibiting Police entering Court Campusus??
    Even District Court Judges were arrested!
    Whenever Contempt is commited and proved the Judges do not Punish the Contemnors!
    Contempt Jurisdiction is converted into Execution Proceedings!!

    Unless Lawyers Regulate their Profession and remove or curtail undesirable elements from among them there is no light for this ONCE NOBLE PROFESSION.
    The rhotoric that people have not lost Trust on Judicary will not help this profession.
    Please Admit your failures and wrong doings to to yourselves save this profession.
    I am a litigant and I have been fighting against the Judicial System.

  2. I dont think anyone fights against the judicial system by being a litigant. If you have approached the Court, then you are obviously have hope that the system will render justice or as you have said to persecute your adversary/ies. If you believe that there is no hope for you in the judicial system, you have lost faith in democracy and the constitution of India. There clearly cannot be an argument with someone who has taken such a position, as it is a cynical one and there is no arguing with cynics! If according to you every litigant comes to court to persecute an adversary, then by the same yardstick, you have no compunctions about supporting assault on litigants.. so be it. There are conventions under the constitution, and the reason why there has been a healthy convention of police entering court precincts, is to prevent litigants who litigate against the state from being terrorised or intimidated. If police can arrest anyone inside court premises, none will surrender before the magistrate hoping for judicial custody rather than police custody. It is curious that for cynics, the police has become a beacon of hope for democracy. Remember for every bad experience you purport to have had for the legal system, there are a million good examples and people continue to throng the courts filing public interest litigations and the like to safeguard the environment, human rights and the rule of law. And to whom to these seekers of reform approach, lawyers, who often appear pro bono. It is this institution that you seek to sully with abuse and recrimination, not individuals who are a part of it. For your information, courts routinely initiate proceedings against litigants and the bar alike for contempt of court. Many years back, an office bearer of the Bar Council received rebuke and punishment for attempting to intimidate the judges. The history of democracy in India is replete with lawyers who have and continue to raise their voices against injustice. You do them a great disservice and hardly help your own cause.

  3. Thanks Mr.Mohan for your post.
    Just because I am a litigant I am forced o fight against the sytem else I don't give a hoot.
    I do not also claim to be a reformer
    Your silence on the misdeeds of Lawyers speaks volumes!!
    I entered the Judicial System with a fond hope that "Justice will be done" or atleast "seem to be done" though delayed but am convinced great injustice is meted out to most of the litigants. The Cheif Justice of India has also admitted the same.May be he is a cynic also.

    Except branding me a cynic, you have chosen to close your eyes to the facts among others that
    CRPC Section 48
    A police officer may, for the purpose o of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.
    A three-judge SC Bench, nearly two decades back in the Delhi Judicial Service Association vs State of Gujarat [1991 SCC (4) 406] case, had unanimously held that a judicial officer facing criminal charges could most certainly be probed and even arrested.
    Constitution of India Article 361.
    Protection of President and Governors and Rajpramukhs
    (2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office
    (3) No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office
    Is such constitutional immunity available to persons within the Court premises?

    As per law the Police can arrest when a person comes to a court for even surrendering and no law prohibits it. As you are not cynic only legal way is to get the law amended.

    The healthy convention of police not arresting or assaulting litigants is more breached by a section of lawyer community. They have beaten up Magistrate Muruganandam. They beat up a women Family Court litigant Gayathri just few days before. They murdered Advocate Rajinikanth in court campus. You have chosen to close your eyes and band me a cynic!!

    Is it your assement that millions throng Judicial system with 3.52 croes pending and no light in sight!

    Is it not a fact that millions of those litigants are actualy dagged and liotering at the corridors of Justice. Do you know that Family Court Judges in open Court tell litigants it will take minimum 5 years to pass orders!!

    You may be a Pro bono legal counsel but may I request you to know that utterences of SC about PIL and about gross misuse of PIL!

    It is my humble opinion that Lawyers (atleat those fighting for removal of Police Chief)have not emuluted such lawyers from ""history of democracy in India is replete with lawyers who have and continue to raise their voices against injustice"". Atlest those days lawyers were not soliciting accused persons at the time of remand!!

    "For your information, courts routinely initiate proceedings against litigants and the bar alike for contempt of court."

    True but the result is Apology is begged for by Courts and in most case "case closed" You are free to check for your self!

    If you sure about the Contempt Jurisdiction of Courts why fight in Streets?

    When the Judicial Instituion is taken over by few goons and their acts are public my Comments may look "sully with abuse and recrimination"

    I had the Honest opinion that politicans are anarchic, police are corrupt and believed that but for Judiciary is our saviour.
    Sadly I am wrong!

  4. It is strange that people who very easily term lawyers "above law" seem to forget that the so-called "above law" lawyers had to fight for their justice to get even a single member commission appointed to inquire into the 19/2 incident. While a mere "egg incident" on Subramania Swamy resulted in a suo moto contempt being issued and 5 member committee being appointed, the lawyers who have been beaten up mercilessly alongwith public, court staff, advocates' clerks and even judges had to fight to make their voices heard to have a commission appointed.

    The media which fights over a mere movie and holds talk shows and invites public comments to judge whether the movie was good or bad for the country has till date even bothered to correctly report the 19/2 incident.

    The incident on 19.2.2009 is similar to 26/11 except that instead of outside terrorists, the state machinery in the name of police were the terrorists.

    If the act of the police is condoned, then tomorrow no one can question the police if the police decides to issue a shoot at sight order for mere property disputes between two persons.

  5. Police are atrocious all along. They arrest people indiscriminately and also beat them up.
    When they commit atrocity on others it is "BUINESS AND MONEY" for lawyers.

    When Police commit excess on lawyers suddenly it is danger to democracy!!

    It is great to know that Lawyers fight for society!
    Then why lawyers oppose Cr P C Amendments (SEC 41)?
    Is it out of love for society?
    Is it out of the fear that their Bail and AB business is endangered?
    Why double speak?
    You want police to arrest anyone accused of offence. Then you will entr offering to get Bail! Then you will have cases adjourned endlessly making the accused to pay annuity and loiter around the corridors of Justice.!
    How many accused are Granted exemption U/S 205 C R P C?
    When Injustice is perprated using 506II or 498a you lawyers tell us to go underground to get AB or get us out on bail. You have never got anyone punished for filing false cases!
    You have made PERJURY not an offence but a social service!!

    You are crying foul when you as a community stand exposed!

    it appears you are in total disconnect from the rest of the Country!!

  6. Police and Judiciary are supposed to complement each other in upholding law. What happened on 19/02/09 in the Madras High Court is a classic example of lawlessness. After the infamous law college incident of November 2008, this incident only shows that law has ceased to exist in our state. This incident also somehow influences the thought that this was a vengeful act/conspiracy to physically assault those advocates who were boycotting courts showing solidarity to the suffering Tamils in Sri Lanka. It is a constitutional right to "freedom of speech and action". So, no one can be denied the right to protest in peace. Here, the protestors were our own advocates and not some unruly mob. To cane them with lathis and damaging court's properties is an act of "utter shame and disgrace". Even the family court and the people present there, including lady advocates were not spared from these raining blows. Definitely it's a black day for Indian democracy. I hope and pray that these type of incidents do not happen ever again.


  7. Well Mr. Anonymous, the only thing we stand exposed to as a community as on date is violence. If something like 19/2 happens to you someday, (I hope it does not happen to anybody ever again) there may not be anybody to defend you except lawyers (provided, you are willing to tell who you are). You may also note that there are many lawyers who does pro bono and even if you can't find one by yourself, you can take the help of legal-aid cell. So don't presume every lawyer out there is trying to squeeze the litigants out of their money.

    In any event, I don't see any reason patronising a no-name who does not even have courage to give his/her name.

  8. Kindly dont write answers for Anonymous...