Final Order of the Supreme Court of India

ITEM NO.20 COURT NO.1 SECTION XII



SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).7540/2009

(From the judgement and order dated 18/03/2009 in WP No. 3335/2009 of The HIGH
COURT OF MADRAS)



A.K.VISHWANATHAN & ANR. Petitioner(s)

VERSUS

CHIEF SEC.TO THE GOVT.OF T.NADU & ORS. Respondent(s)



(With prayer for interim relief )



Date: 14/07/2009 This Petition was called on for hearing today.



CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE P. SATHASIVAM
HON'BLE DR. JUSTICE B.S. CHAUHAN




For Petitioner(s) Mr. Vikas Singh, Sr. Adv.
Mr. Siddhartha Dave, Adv.
Ms. Vibha Datta Makhija,Adv.



For Respondent(s) Mr. M.N. Krishnamani, Sr. Adv.
Mr. Prabakaran, Adv.
Mr. Jayanth Muth Raj, Adv.
Mr. Prabu, Adv.
Mr. Nishe Rajen Shonker,Adv.

Mr. P.S. Patwalia, Sr. Adv.
 Mr. R.C. Paul Kanagaraj, Adv.
Mr. Velmurugan, Adv.
Mr. Jayanth Muth Raj, Adv.
Mr. C.K. Sasi ,Adv

Mr. G.E. Vahanvati, AG
Mr. Raja Khalifulla, Adv.
Mr. T. Harish Kumar ,Adv

Mr. Colin Gonsalves, Sr. Adv.
Mr. K. Naryan, Adv.
Ms.Jyoti Mendiratta ,Adv

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R-10 Mr. B. Balaji, Adv.
Mr. Mohammad Yaser Arafat, Adv.
Mr. Satya Mitra Garg, Adv.

R-11 Mr. V. Balaji, Adv.
Mr. Pravesh Thakur, Adv.
Mr. Narendra Kumar, Adv.



UPON hearing counsel the Court made the following
ORDER




Heard learned counsel for the petitioners, respondents and learned Attorney

General for India appearing for the State.

On 19th February, 2009, an unfortunate incident happened in the premises of

the High Court of Madras at Chennai. There were confrontation between the group of

lawyers and police. It is alleged that a large number of police personnel entered the

premises and extensive damage caused to the motor vehicles, furniture items, Court

buildings and damaged lawyers chambers etc. Initially there was preliminary inquiry

pursuant to the Order passed by this Court and a retired Hon'ble Judge of this Court
submitted a Report. On the basis of the Report certain directions were given. Thereafter

the High Court itself had taken suo motu proceedings to deal with the situation that has

arising out of this incident. An Order was passed by the three Judges Bench consisting of

the then Acting Chief Justice of the High Court on 18th March, 2009. In paragraph 8 of the

impugned Order it was observed by the High Court that the prima facie case had been

made out to initiate disciplinary proceedings against the two police officers who are then

working as Additional Commissioner of Police (Law and Order) and Joint Commissioner of

Police (North) (Jurisdiction JCP) and they should be placed under suspension and as they

were the persons

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who were in the helm of the affairs and under whose direct supervision the police

operation was carried out. This order is challenged by these police officers.

It is pointed out that these officers were not responsible for any illegality on

their part and they were not heard before the Order was passed. If that is the grievance,

we feel these officers be given an opportunity of being heard before the High Court. The

petitioners would be at liberty to approach the High Court and submit their arguments. The

Bench headed by Chief Justice Court or any other Court may deal with the matter and

shall ensure fair hearing to the counsel appearing for these petitioners and other parties to

the dispute.

Learned counsel appearing for the respondents submitted that they will not,

for the time being, proceed with their contempt petition till the matter is disposed of.

It is also brought to our notice by learned Attorney General that as on date
both the petitioners have not been working in the city of Chennai and they have been

working elsewhere.

Send a copy of this Order to the Chief Justice of the High Court of Madras

and the matter be heard at an early date.

The special leave petition is disposed of accordingly.




(R.K. Dhawan) (Veera Verma)
Court Master Court Master