Saturday, February 28, 2009

Acclaimed writer Thiru E. Paa. adds his voice to those voices raised in support of truth and democracy

Indiraparthasarathy said...

What happened on 19th Feb at the High Court premises( the so-called custodians of law chasing those who plead for it to beat them up) looked like a scene from a Kodambakkam cheap thriller movie!No wonder the octogenerian CM would have lost the little appetite he might have had viewing this from his hospital bed in his own 'Kalaignar' channel that he decided to go on fast!So much of violence and bloodshed!Bharati said:' if the demons were to rule the Holy Scriptures would prescibe canibalism as a sacred writ!'
Indira Parthasarathy (Writer)

Breaking news -Justice Srikrishna

Justice Srikrishna completed inspection of the High Court premises. He will continue his sittings at the Judicial Academy, Greenways Road between 10 a.m and 1 p.m. on 1/03/2009

Call to observe 27th February 2009 as a black day by the Bar Council of India-circular issued by the SCBA

Scba/Gen./01/08-09/2048 26.02.2009


C I R C U L A R

1. The Bar Council of India has given a call to observe Friday, the
27th February 2009 as "Black Day'/Protest Day" to condemn the attack
on the Judiciary in Tamil Nadu in view of the brutal attack and
atrocity by the police on 19th February, 2009 in beating judges,
rampaging judges chambers, court rooms, vehicles and attacking members
of the Bar, Court Staffs, Reporters in the Madras High Court premises.
There has been a lot of suffering by large number of members of the
bar who are admitted in hospitals and properties belonging to the
members of the bar as well as the High Court have been damaged.

2. The Supreme Court Bar Association strongly condemns this dastardly
attack and has decided to make an application for impleadment in the
pending proceedings before the Hon'ble Supreme Court to show their
solidarity and brotherhood with the members of the Bar in Tamil Nadu
who have suffered so much and to prevent in future such happenings and
to punish the guilty persons as well as to immediately suspends
persons who by their acts of commission and omissions allowed this to
happen. Mr. Pravin H. Parekh, President and Mr. K.C. Kaushik, Hony.
Secretary appeared before the Hon'ble Supreme Court seeking justice.

3. The Supreme Court Bar Association requests all its members to
observe Friday, the February 2009 as a "Black Day'/Protest Day" and to
wear white band on their gowns while appearing in the Court on Friday,
the 27th February 2009. White bands will be given to the members of
the Bar from 9.30 a.m. on 27th February 2009 in Library No.1.

4. I request all the Hon'ble Members to cooperate.


Sd/-
K.C. KAUSHIK
Hony. Secretary
secretaryscba@scbaindia.org

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Justice B.N. Srikrishna commences his work

Justice B.N. Srikrishna appointed by the Supreme Court of India by its order dated 26/02/09, commenced his mandate today. He sat at the Judicial Academy on Greenways Road and received representations from the office bearers of various associations and individual lawyers. From 10 a.m. to 3 p.m he heard statements from various parties, who submitted petitions, photographs and videos of the police brutality unleashed on lawyers, judges, court staff and the general public on that fateful february day, which will be remembered with shame in the history of the future. He is expected to meet the police and visit the court campus and verify the remnants of the violence unleashed on the court campus by the State later today

Order of the Supreme Court of India dated 26/02/09

ITEM NO.1 COURT NO.1 SECTION PIL


Date: 26/02/2009 These Petitions were called on for hearing today.

CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE P. SATHASIVAM
HON'BLE MR. JUSTICE J.M. PANCHAL

For Petitioner(s) Mr.H.N.Salve, Sr.Adv.
Mr.Mukul Rohtagi, Sr.Adv.
Mr.Subramonium Prasad, Adv.

Madras H.C. Bar, Mr. K. Gandhi, Sr. Adv.,
Assn. Mr. Paul Kanakaraj, Adv.
Mr. M. Velmurugan, Adv.

Women Lawyer’s Mr. P.H. Parekh, Sr, Adv.
Assn. Ms. K. Santha Kumari, Adv.
Ms. V. Nalini, Adv.
M/s. Senelar, Adv.

T.N. Adv. Assn. Mr. K. Subramanium, Sr. Adv.
Mr. S. Prabakaran, Adv.

Law Assn. C. Munusamy, Adv.
Mr.K. Ravi Kumar, Adv.

Madras Bar Assn. Mr.Loganathan, Adv.
Mr.Karuppan, Adv.

Madras H.C. Mr.Elephant G. Rajaendran, Adv.
Practising Adv. Mr.Jayanth Muth Raj, Adv.
Assn. Mr.Nisherajan Shenker, Adv.


Mr.K.P. Narayanan, Adv.
Mr.Ravi Chandran, adv.
Mr.A.Sivaram, Adv.
Mr.R. Ramesh, Adv.
Mr.A.Sumathi, Adv.
Mr. Prabu, Adv.
Mr. P.V. Gogeshwaran, Adv.

For Respondent (S) Mr.G.E.Vahanvati, Sol.Genl.of India
For State of T.N. Mr.Altaf Ahmad, Sr.Adv.
Mr. Mohan Parasaran, ASG
Mr.Masilamani,Adv.Genl.
Mr.Raju Khalifulla, Spl.Govt.pleader
Mr.Dhandapani,Govt.pleader
Mr.T.Harish Kumar, Adv.

Mr.K.K.Venugopal, Sr.Adv.
Mr.K.V.VIswanathan, Adv.
Mr.B.Ragunath, Adv.
Mr.Anup Kumar, Adv.
Mr.Ankur Talwar, Adv.
Mrs.V.Mohana, Adv.

UPON hearing counsel the Court made the following
ORDER

The lawyers strike in the State of Tamil Nadu started on 29.1.2009 and it continued for some perioed and on 17.2.2009 some unfortunate incident happened in the Court premises and the matter was reported to Hon’ble Acting Chief Justice. On 19.2.2009 the lawyers resumed work and participated in the Court proceeding and it is stated that Court functioned from morning to till 3 p.m. It is alleged that around 3 p.m. a large number of armed policemen entered the premises of the High Court of Madras and lawyers who were allegedly involved in the incident on 17.2.2009 surrendered before the Police station and it is alleged that about 200 number of armed policemen entered the High Court premises without the permission of the Acting Chief Justice and the Acting Chief Justice conveyed this message to the City Commissioner, Chennai and the Chief Secretary to the Government of Tamil Nadu and wanted the armed policemen to be removed from the High Court immediately. The Court proceedings came to an end around 3.00 p.m. and it appears that some of the judges went near the place where the lawyers had collected themselves and tied to pacity the situation and it is alleged that at time there was confrontation between the lawyers and the police force and it is alleged that the armed policemen made a lathi charge and many lawyers including the sitting Judge of the High Court sustained injuries.

It is further alleged that the armed police entered the High Court building and chased the lawyers and also entered the High Court building and other courts in the same campus and caused extensive damage to the furniture itmes, computers and valuable articles kept in the Court. Large number of cars and two wheelers parked in the High Court premises were also damaged allegedly by policemen. The High Court of Madras passed an order dated at 6.30 p.m. on 19.2.2009 and requested the matter to be investigated by CBI.

We heard learned Solicitor General of India appearing for the State of Tamil Nadu, Mr. Harish N. Salve, learned senior counsel, Mr. K.K. Venugopal, learned senior counsel, Mr. Mukul Rohatgi, learned senior counsel, Mr.K. Gandhi, learned senior counsel, Mr. Paul Kankasay, learned counsel, Mrs. Vaige, learned counsel, Mr. K. Subramaniam learned senior counsel, Mr. Prabhakaran and Mrs. Santha Kumari, learned counsel and various learned senior counsel/counsel appearing for Madras Bar Association, Madras High Court Advocate Association, Women Lawyers’ Association, Tamil Nadu Advocates Association, Law Association and Madras High Court Practising Advocate Association.

The main qrievance of the lawyers is that the armed force including the “riot control unit” entred the Court premises and the High Court building without the permission of the Acting Chief Justice of the High Court. This is an unfotunate incident. It armed policemen wanted to control any situation like riot, they should have obtained the permission of the Acting Chief Justice and he be kept informed of the situation before entering into the premises of the High Court. Learned counsel appearing for various associations submitted that all those officers who are responsible for this incident should be placed under suspension. Learned senior counsel appearing for the State of Tamil Nadu states that one Joint Commissioner of Police (North) has already been transterred. He also stated that whatsoever suggested by the High Court or by the Commission appointed for that purpose would be complied with fully by the Stated Government at the earliest.

In view of this incident we request Mr. Justice B.N. Srikrishna, former Judge of the Supreme Court to inguire into the incident which happened on 19th February, 2009. The Committee be given the assistace of two senior Police officers attached to the CBI Unit (Southern Zone) of the Madras. The representatives of the lawyers of the High Court would be at liberty to make submission and pleace all materials before Mr. Justice B. N. Srikrishna Committee the Regestrar General of the Madras High Court will render all assistance to the Committee. The terms of reference to the Committee shall be finally decided at the earliest by the Acting Chief Justice of Madras High Court in consultation with the Advocate General of the Madras High Court and the presidents of the Madras bar Assoiciation, Madras High Court Advocate Association, Women Lawyers’ Association, Tamil Nadu advocates Association, Law Association and Madras High Court Practising Advocate Association. Initial expenditure of the Committee shall be met by the High Court, to be ultimately born by the State Government.

The Committee initially shall consider whether any immediate action against the police officers who are Allegedly allowed armed policemen to enter the premises of the High Court without permission or acting Chief Justice. The Committee is requested to give an interim report within a week, if possible.

Meanwhile Joint Commissioner of Police (Central Madras) and three Deputy Commissioner of Police (Pulianthope) may be transferred from the Madras city forthwith and the same shall be continued till the submission of interim report. These transfers are being suggested to facilitate fair enquiry by the Committee and without prejudice to their rights.
The Committee appointed by High Court will go into matters relating to medical facilities to the injured advocates and reasonable compensation for the injured. The advocates who had sustained injuries would be at liberty to place all the details/materials before the said committee.

The cars and two wheelers damaged allegedly by the Police should either be repaired or compensation be paid and to be assessed by the committee appointed by the High Court with the assistance of the Joint R.T.O. of the City of Chennai.

As regards High Court building and other Buildings in the same campus furniture, computers and other articles are to be assessed by the committee appointed by the High Court immediately and the state Government will do the needful to repair the same.

The State Government shall put at the disposal of the High Court Committee a sum Rs. 25 Lakhs for the immediate relief and repair work.

Necessary Police protection to the Hon’ble Judges and for smooth functioning of High Court required policemen should be deployed as per the order of Chief Justice, High Court but no armed fore shall enter the Court premises without the permission of the Chief Justice of High Court.

The advocates shall not cause any disturbance of the court proceedings and shall not shout slogans in the courts premises. No meeting will be held in the Court persmises without the permission of the Chief Justice. However, they can have their meetings in their association premises.
In view of the order the appointment of Retired Judge of High Court of Madras as the committees by State shall stand dissolved.

We hope all the associations will withdraw the strike at the earliest and attend court work.

List on 3.3.2009 for further directions.



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

Translation from the Ananda Vikatan- clearly some sections of the media are still committed to truth and democracy

KHAKI V/S BLACK – HERE IS A CHARGESHEET

(Translation of a report in the Ananda Vikadan, a leading Tamil Weekly in its edition dated 04.03.2009)


The Police has wiped the egg stain on the face of Subramania Swami with the blood of the Advocates.

In the History of India, there has never been an occasion where the High Court of a State became a battlefield. The brutal attacks that took place in the full view of the media and the Public can never be forgotten in a lifetime.

The only factions continuously holding protests on behalf of the Srilankan Tamils were the Students and the Advocates. The Government suppressed the rising of the Student community by closing down the colleges. The protests by the Advocates were a continuing story. When the advocates were boycotting the Courts, Subramania Swami came to the Court for the Chidambaram Natarajar case. It is said that in the altercation that followed, the Swami faction abused the advocates as ‘dogs that have come through reservation.’ What followed was pelting of eggs at Subramania Swami. Cases were filed against more than twenty Advocates for the egg-pelting incident.

The following day, the Court was unusually filled with Khaki uniforms. Sensing that ‘something was wrong’, the Advocates debated amongst themselves and said that they were willing to surrender in the egg-pelting case if Subramania Swami was arrested for abusing them on caste lines. This ignited the melee that followed.

The arguments continued, the advocates were arrested and riots erupted. Hundreds of Policemen led by 3 Commissioners, 2 Joint Commissioners, 3 Additional Commissioners and over 10 Commissioners were on one side and a seething mass of advocates were on the other side. The stones, which had been dumped for laying a road suddenly, became weapons for both sides. The Police had protection in the form of the cane shields carried by them. However, the stones pelted by the police did their duty by injuring the advocates. ‘If you stand on our side, you will be safe. If you stand on their side, we cannot guarantee your safety!’ – was the consideration shown by the Police to the media even at that time!

That is precisely why the media could only take the visuals from angle of the Policemen. The riots did not stop even after tear gas was employed. The Commissioner ordered lathi charge. As if on cue, the Police entered the field and went on a rampage against the advocates who got caught in the melee. While the younger advocates ran and hid in the various corners of the High Court, it was the aged Advocates who spilt a lot of blood to the Police lathi. It was extremely distressing to see them cry out aloud in their advanced age. The advocates, who were bleeding, pleaded with the Police with folded hands but they were again beaten up by the Police to their heart’s content and led into the ambulance. The Judges who came to speak to the Police at that time were also driven away.

The police lathi did not spare even Justice Arumuga Perumal Adithyan. Unable to bear the pain, he got into the ambulance with tears. The Police, which was on a rampage, hit everything in sight, including the cars and bikes.

After the first round, the Policemen, who assembled before the campus Police station, withdrew for some reason and went near the fire station. The advocates, who were hiding in the Court buildings and watching the same, immediately started shouting slogans and started to attack the campus Police station. The motorcycles and later the Police station, started to burn. Immediately after, the Police sent a fire truck. When the stones started to fall on the truck also, a second round of lathi charge was ordered.

The Police broke all the cars as if to satiate a fury suppressed for generations. The photographers and videographers, who tried to film the same, were threatened. The second round was lathi charge was even more brutal. The advocates who screamed in agony with folded hands and even women advocates were brutally assaulted. The attacks extended even into the Courtrooms where the Courts were in session. Cameraman Jothimani, belonging to a private channel and filming the advocates being assaulted, was hit on the head and his skull was broken.

‘I filmed the Police assaulting Justice Arumuga Perumal Adithyan. Immediately, the Police tried to snatch my camera. When I resisted, they thrashed me’, cries Jothimani, who is admitted in the hospital.

After everything was over, in his interview to the media, Commissioner Radhakrishnan said, ‘Lathi charge was ordered only because the Police station had been set on fire. A lot of Policemen, including Assistant Commissioner Sarangan have been injured.’ At that time, Sarangan was standing right next to him.

Even as the investigation of the incident has been handed over to the CBI, some questions arise in the minds of those of us who saw the incident from inside and outside the Court campus.


1. Why did Subramania Swami come to the Court when there was a Court boycott? Was it the last day for filing the appeal in the Chidambaram Temple case? Even assuming that he had come to Court without any knowledge of the same, the action of the advocates cannot be called as a protest. They could have shown their protests in a peaceful manner outside the Court. The pelting of eggs was the first spark.

2. The Swami incident took place in front of two Judges, who have directed that action should be taken against the advocates involved. Therefore, if the advocates named in the FIR had been asked to surrender through the Bar Council or the Registrar of the High Court, there would not have been any problem. Could not the Police, which is capable of arresting 20,000 people overnight all over Tamilnadu in the name of preventive detention, arrest 20 persons at their residence in one night? Piling up of Hundreds of Police personnel in the court campus appears to be a planned action!

3. The people who pelted eggs at Swami were only advocates and not Hyundai or Yamaha companies. If the Police could not arrest the advocates, why did they have to damage cars and bikes. Isn’t that the work of area dadas? Why did the Police enter the Family Court and Assistant (City Civil) Court buildings and assault the court staff, knowing fully well that they were not advocates? If people were attacked in spite of stating that they were judges or belonging to the media, was there a plan on the part of the Police to entirely destroy the High Court on that day?

4. Like the Speaker being the Supreme authority in the assembly, the Chief Justice is the Supreme Authority in the Court. It does not appear as though the Police had taken written permission from the Chief Justice or the High Court Registrar. The Court administration Wing has also confirmed that the Police were not given the permission to enter the campus and arrest. Moreover, why did the Policemen go to Thambu Chetty street filled with Advocate offices and swirl their lathis there?

5. Does the fact that the advocates set fire to the police station after all this had happened show that they lacked restraint and moral principles?

6. It should publicly disclosed as to how the Police procured the permission from the Home Department and the Chief Minister for the campus entry and lathi charge? If they had informed the Government that the advocates had become a faction that ‘could not be controlled’, why is the Government covering up the same? Why did not the Law minister and the advocates belonging to the DMK party resolve the issue between the two parties?

7. Why was not there an open debate in the assembly about the incident and why was it stealthily condemned to Section 110? The practice of reading reports as against having open debates prevailed during the Jayalalitha remie. If Karunanithi is also going to do the same thing, in what way is he different, particularly when the Speaker as well as the Law Minister are advocates?

8. Why is Karunanithi reluctant to speak about the pros and cons of the atrocities and cover up the entire episode with the statement, ‘ the past should remain in the past?’


This is the charge sheet in the mind of the common man. The conscience of the people concerned knows who is the real culprit!

Thursday, February 26, 2009

When the tide turns and civil society proclaims the truth

nt

We Condemn the Police Brutality on Lawyers and Judiciary

On 19th February 2009 in the Madras High Court.

Suspend Police Officials Responsible for the Barbaric Attack and Initiate Criminal Proceedings.

_____________________________________________________________

26th February 2009

To

All Civil Society Organisations, Human Rights Organisations,

Social Activists, People’s Movements and concerned citizens

Extend Solidarity and Participate in All India Black Flag day by Lawyers called by the Bar Council of India.

With deep anguish and anger, we express our shock with the near total breakdown of the Constitutional machinery in the State of Tamil Nadu and the administration of justice coming to a grinding halt.

The police violence on the afternoon of the 19.02.09 within the precincts of the Madras High Court and the offices of the lawyers for over four hours is unparallel in the history of independent India and has left the judiciary in Tamil Nadu in a quandary. The State Government has not come forward to hold itself accountable for this mass police violence in a democratic institution meant to uphold the ‘Rule of Law’ and the enforcement of the Constitution.

We are shocked that the Honorable Acting Chief Justice Mukhopadhyaya with other judges including Justice Arumugaperumal Adhithan, Justice R. Sudhakar, Justice Mohanram, Justice Sasidharan, Justice Sathyanarayana and Justice Jyothimani who came out of the court halls hearing the commotion were not spared by the police and also the advocates who shielded them suffered grievous injuries and are hospitalized.

The armed police with five feet ‘lathies’ and stones charged the lawyers without any provocation from the lawyers side, beating several of them mercilessly and damaging all automobiles en route entered court halls, Advocates chambers, administrative offices and lathicharged both advocates and others present. The police dragged advocates and also other persons found even on the floors above the ground level and severely beat them. Women advocates were also not spared. In addition to the physical assault, they were also subjected to sexist offensive language.

The policemen barged into the court buildings and brute force broke window panes, caused extensive damage to furniture and records of courts including electronic equipments, LCD television sets, computers and lifts, the registry, the offices of the Personal Assistants of the judges, the Associations inside the campus like the Madras High Court Advocates Association and the Law Associations and the libraries and even the offices of the Government pleaders and prosecutors, advocate chambers and vehicles parked in the campus. Close to 200 cars and two wheelers damaged.

Advocates, litigants, court staff, judges, children in the day care centre near the family courts and general public were trapped in various court buildings. Even when the judges fled into the chamber of the acting Chief Justice for protection and locked the doors, the riot police started banging the doors of his chamber.

The Prominence given to the ‘shoot at sight’ orders, simultaneous with the closure of court with the physical presence of a large contingent of armed police around courts all over the State given the most disturbing appearance as if the State judiciary’s views need not be considered by the ruling Government when its actions almost appear as a seize of the democratic institution. This sends a dangerous message to the general public completely shaking their faith in the ‘Rule of Law’ and the independence of the judiciary.

If the judiciary of the Madras High Court continues in a position of being unable to issue directions to the State Government with regard to the attack on lawyers and judges, we urge that on moral grounds the Acting Chief Justice of the Madras High Court, Justice Mukhopathyaya and all the other judges should hand in their resignation.. The Constitution demands them to sit in their court halls and issue their writ against the violators of law.

We believe that whenever there is an onslaught on the institution of democracy, it is the duty of the civil society organizations to atleast extends their solidarity to the ongoing protest. In the context of the ongoing protest by lawyers, we, the undersigned representatives of the Human Rights organizations and NGOs strongly condemn the brutal and barbaric assault on lawyers, the members of the judiciary, court staff and

On lookers.

We urge the Government of Tamilnadu to immediately suspend the DGP Mr. K.P. Jain, the Commissioner of Police Mr. Radhakrishnan, the JCP Mr. Ramasubramaniam and other police personnel directly involved in the attack and initiate criminal proceedings against each of them.



We urge the Hon’ble High Court of Madras and the Supreme Court to ensure that an enquiry by a panel of sitting judges of the Supreme / High Court ( not Retired judges) is undertaken by an order of the Court to enquire into the incidents of 19th February and not come out with recommendations but on the contrary with orders of the court issued on the basis of the enquiry for criminal prosecution, for compensation and for far reaching recommendations to restore the dignity of the Bar, the Bench and the Institution of Justice in the country. While doing so, we the undersigned are convinced that the attack of 19th February is a result of a ‘conspiracy’ at a very high level of governance in Tamilnadu – which alone resulted in the extent of damage and attack on the Temple of Justice.

We are convinced therefore as civil society organizations that we unequivocally stand with the victims of this police brutality, namely the legal fraternity. Therefore, we urge all civil society organizations and NGOs working in Tamilnadu with women, with children., with Dalit and Adivasis, with organized and unorganized labor, in the field of education, health, social security, protection of land and livelihood resources, women empowerment, consumer protection, environment, HIV AIDS, sexual minorities including transgender and in any other fields which are not mentioned here to mobilize in large numbers, to march in solidarity and express our deepest sense of concern and commitment to the legal community which is observing a BLACK DAY tomorrow the 27th February 2009 called by the Bar Council of India in every small town and cities all over the country where courts are located.

We have deep respect for the media’s independent investigation on numerous occasions where police excesses have occurred. As civil society organizations and NGOs in Tamilnadu we appeal to the entire media to desist ‘from police sponsored version stories’ and on the contrary continue to undertake your own investigations, so that the truth is upheld and false police versions thwarted from public knowledge.

We urge the striking lawyers to consider their struggle today as not only a struggle of lawyers but as an attack on civil liberties and democratic rights. Your struggle today is ours and together in Tamilnadu let us join hands to bring a strong force that will work for the reform of the police, the restoration of the dignity of the Bar and heightened commitment of thousands of men and women lawyers who have resolved to protect this onslaught to the independence of the judiciary. We also urge all lawyers to support the democratic struggles being fought by millions of the poor and oppressed across Tamilnadu for their right to life, dignity and security.




Signatories:
Mr. A. Mahaboob Batcha, Managing Trustee, SOCO Trust
Mr. O. Fernandez, Director, Human Rights Advocacy and Research Foundation
Mr. Henri Tiphagne, Executive Director, People’s Watch
Ms. Sheelu, Convenor, Tamilnadu Womens Collective
Mr. M. Bharathan, Director, Human Rights Council- KALAM
Mr. M. Jeeva, Director, Society for Integrated Rural Development
Mr. Nizamudeen, Executive Secretary, Consumer Confederation of India
Ms. Jesurathinam, Director, Social Need Education and Human Awareness
Mr. A. Antonysamy , CEDA Trust
Mr.Thomas Jayaraj, Director, Centre for Child Rights and Development
Mr. J. Paul Baskar, Managing Trustee, PEACE Trust
Mr. V.A. Ramesh Nathan, Director, Social Awareness Society for Youth

Justice V.R. Krishna Iyer's statement

THE BLACK ROBES BLEEDINGLY BARBARISED BY KHAKI UNIFORM WITH BATON JUSTICE INSIDE HALLOWED HIGH COURT OF JUSTICE—THE HAVOC IN THE HIGH COURT OF MADRAS on 19th February 2009

At First the lawyers were to blame for assaulting Dr. Subramaniam Swamy. Then the police came berserk and in rapid excess of violence. I just received a long communication from Chennai about the horrendous terror and horror where the uniformed police force turned barbarian and beat up every black robed lawyer they came across and in the rumpus and riotous situation. A few robed brethren administering justice were also victims of lathy generosity. Around 150 lawyers have stated to have been hospitalized with injuries. As the police station incendiarised inside the court premises with riot police everywhere and justices seeking refuge inside the Chief Justice’s Chambers. This is a scenery the like of which no eye had seen, no heart conceived, no human tongue can adequately tell. The police managed the press and put out a version making the lawyers the villain. Poisonous when pitted against the police the lawyer’s version went by default and even the judges proved powerless. The highest institution of justice in the State stands scandalize and stultified and the forensic process was panalised with the Constitution made a paper tiger. The judges with their rich power cipherized and the administration of justice in the State humiliated by police raj with none to police the police. This grave collapse of the rule of law is a national catastrophe of people’s sovereignty. What we need now is not orders and lectures, articles and arguments but withdraw the police, the last of them from the High Court premises and the compound, suspend the Commissioner of Police and the DGP or else all the judges of the Court en-mass resign until the judiciary is restored to its power and dignity and the High Court truly hallowed and absolute peace restored. A high-powered Commission with full power of investigation shall come into existence in a week’s time with full power to recommend transitory transfers and interim punitive orders with natural justice observed. An emergency in Chennai shall at once be promulgated with the plenary power of the State administration vested in a group of the senior most high judges of the supreme Court—an extraordinary measure which the Central Cabinet must immediately act otherwise the cause of justice which is fundamental to fundamental rights is made a cadaver and Indian Independence annihilated internally by a Khaki domination a law unto itself. This shall not be. When the nation is in crisis political difference is allergic unless the President acts now. Swaraj becomes mirage and democracy a simulacrum of independence.

February 26, 2009 V.R. KRISHNA IYER
Contact No. 04842360088


A response to the Chief Minister's threat of a fast - courtesy kalugu.com

Dear CM Kalaignar sir,

I heard the sad news that you are not going to eat, until the Lawyers and police become friends again. The timing cannot be better, sir.

Today is Shivaratri. If you fast today, whatever you pray will come true, sir. You can pray for your family, along with fasting for the police. One stone, two mangoes sir!

Also, Even I and our tamil brothers all over the world are complaining, we are not able to eat after seeing the pictures of our Srilankan Tamil brothers and babies, who are killed in bombing in Srilanka. So I can understand your hunger sir. I also agree with you that all the killings in Srilanka has been stage managed by your enemies, to steal your post.

Your service is needed forever for our society sir, as we look at you as our leader. Please eat soon sir.

Always your dear younger brother,

Shotgun Murugan

Wednesday, February 25, 2009

More detailed breaking news

It appears that the State Government had no categorical answer to the pointed question posed by the Supreme Court on the name/s of the individual/s who authorised the entry into the court campus of the posse of police and the use of force but only offered as explanation that a Division Bench of the Madras High Court headed by Mr.Justice A.P. Shah, Chief Justice (presently Chief Justice of the Delhi High Court) had passed orders in an earlier matter directing the police to provide adequate police security to the High Court. Mr. Justice B.N. Srikrishna has been requested to submit an interim report on a) who gave the order permitting entry of the police into the court precincts and subsequent use of force b) the further action that was required to be taken. The terms of Reference for his work is to be decided by the Acting Chief Justice, the Advocate General and the office bearers of the lawyers' associations. The following police officers have been transferred out of Chennai

4) Thiru.Ramasubramani, Joint Commissioner of Police

5) Thiru.Sandeep Rai Rathore, Joint Commissioner of Police

6) Thiru.Sarangan, Deputy Commissioner of Police

7) Thiru.Prem Anand Sinha, Deputy Commissioner of Police

8) Thiru.Panneer Selvam, Deputy Commissioner of Police

the matter now stands adjourned to the 3rd of March 2009.

Breaking news

From recent reports, it appears that the Supreme Court of India has ordered a probe headed by Mr. Justice B.N. Srikrishna,Judge, Supreme Court of India (Retd), and an interim order to be filed in 10 days. The State Government conceded that there was police excess, that a judge was attacked and that some officers would be transferred.

Citizens respond

Citizens’ Response to State Violence Within Madras High Court Premises:

Panel discussion-cum-demonstration of solidarity with lawyers, judges and other victims of 19 February police violence





Where: SPACES, (Sadanand/Chandralekha’s house).

No. 1, Eliots Beach Road, Besant Nagar, Chennai 90



When: 4 p.m. (sharp). 1 March, 2009 (Sunday)



Speakers:



“An eye-witness account of the state-sponsored violence in Madras High Court premises.”

– Mr. Vasudevan, Advocate, and human rights defender



“A global perspective on suppression of freedom of expression”

-- Dr. Arvind Ramakrishnan, media commentator, and lecturer at Taunton College, Southampton, UK



Program:

* Opening Remarks
* Presentations by speakers (20 minutes each)
* Discussion
* Release of statement of solidarity with lawyers, judges and other victims of 19 February police violence in Madras High Court premises
* Wall painting: “Reaffirming our Right to Free Speech; Condemning state violence against citizens.”



On February 19, 2009, the State Government’s simmering stand-off with lawyers opposed to the Government’s position on the ongoing war in Sri Lanka culminated in a day-long orgy of violence. Heavily armed police personnel went on a rampage within the premises of the Madras High Court. Lawyers, judges, court staff, and clients were injured by policemen who reportedly sought people out of their chambers, court rooms and offices, including outside the court premises.



The incidents of February 19 constitute a watershed in the deterioration of the culture of free speech and democracy in the state, and bring Tamilnadu in line with the growing intolerance to dissent in oppressive regimes within India and abroad, including in Sri Lanka where free media has been replaced with a single voice – the military propaganda department.



Organised by: Citizens Against State Suppression of Free Speech

Nityanand Jayaraman, Independent Journalist

Sadanand Menon, Media commentator and Art Critic

Gladston Xavier, Faculty, Loyola College

Karen Coelho, Academic

T. Venkat, New Socialist Alternative

Madhumita Dutta, The Other Media

Jeny Dolly Anthony, Youth for Social Change



For more information, contact:

Nityanand Jayaraman – 9444082401. Email: nity68@gmail.com

42A, 1st Floor, 5th Avenue, Besant Nagar, Chennai 600 090



Gladston Xavier. Email: gladstonxavier@gmail.com

Senior lawyers respond in outrage to the incident and biased news coverage

A REPRESENTATION BY SENIOR ADVOCATES OF THE MADRAS HIGH COURT REGARDING THE VIOLENCE UNLEASHED BY THE POLICE ON 19.02.2009

To

The Chief Justice of India

Supreme Court,

New Delhi.


A representation by Senior Advocates of the Madras High Court.

‘JALIANWALA BAGH’ IN MADRAS HIGH COURT


The ugly incidents that took place on the afternoon of the 19th day of February, 2009 within the precincts of the Chartered High Court of Madras have left scores bleeding and thousands embittered. There seems to be an attempt to project advocates as the chief cause and perpetrators of the violence that was unleashed inside the premises. In this context, it is felt that a few important issues have been overlooked in the dust and din that has been raised:

1. A large posse of regular policemen, Swift Action Group, Riot Control Police had been gathered around the High Court premises since morning – did the police suspect anything, was anything being planned?

2. The police are on record saying that they were prepared – see News Report by A.Selvaraj in the Times of India, Chennai Edition, 21-Fen-09, at page 2.

3. It is alleged that a group of advocates created a commotion/uproar/disturbance over the police’s laxity in filing an FIR against Shri Subramaniam Swamy and that the police ‘action’ which ensued was the result of trying to control this group of advocates.

4. If the police had such a large force piled up, could not this group of advocates have been contained without much difficulty – or are the police so inefficient that it is incapable of even this clinical operation?

5. Was it necessary to run amok inside the High Court to control a group of advocates, as alleged?

6. How then did the police let themselves inside the High Court premises on the afternoon of February 19th, after the boycott had ended? This action is indeed surprising viewed in the context of the extreme ‘restraint’ the police had shown itself to be capable of, a couple of months ago at the Madras Law College.

7. Worse, the police have charged inside various High Court sections (Registry) – For one, the police have tried force their way into, among others, the High-Court-Judges’-Personal Assistants (P.A) – Section – this Section apparently has had a new door put up at the entrance. Terrified court staff have locked the door from inside and have had their backs to the door trying to resist the police men banging at the door from gaining entry – eye-witnesses recount how the door would open into the section about a feet, and how the staff from inside would push it back in place, only for the door to be banged at again by the police. The door would again have to be pushed back in place – what did the P.A.’s do to merit this?

8. The High Court library was not spared either – library staff was attacked.

9. Why was it that the police though it fit to barge into sections lathi charging and terrorizing the poor court staff? Even assuming the police have a right to charge at all advocates for the commotion created by a few, surely the Court staff are distinguishable from the advocates by their dress?

10. Worried advocates have had to petition the Registrar General to bring the situation into control.

11. Others, distressed advocates, had also gone to the Acting Chief Justice’s chambers requesting that the police be directed to leave the High Court premises – the ACJ had been in conference with a few judges. Top brass of the police were contacted, none could be reached!

12. The Acting Chief Justice and a few other judges had then set out to control the scene and to take stock of the situation so as to ensure no further harm to men and property. The Judges were then taken to one of the sections viz. Current Section to avoid any untoward incident. However this precaution failed as one of the Hon’ble Judges was injured.

13. A charge is made that the B4 Police Station inside the High Court premises was set ablaze by the advocates. Footage shown on T.V. shows the police station, without any damage to it, surrounded by a couple of hundred policemen including the Swift Action Group/Riot Control Police – how then did advocates get access to the police station. Who burned the Police Station down?

14. Police have charged indiscriminately at all advocates – photos abound of police beating up innocent advocates huddled into a corner, of thrashing people who were pleading with hands folded…

15. There is ample footage of advocates’ cars and motor bikes being smashed by the policemen. Why? If there was such an emergent need for the police to charge to contain the ‘attacking advocates’ why was it deemed fit to stop mid way, turn their fury at the vehicles and proceed?

16. And, what of police men throwing stones on people at Court corridors?

17. The police started beating up women advocates and using abusive language without any provocation. This treatment was also meted out to innocent litigants who were unfortunate enough to be in the campus on the ill-fated day. Surely a case of “protectors” turning “aggressors”.

18. If a large group of advocates gathered and retaliated by throwing stones, can they be accused of throwing stones without grave and sudden provocation?

19. If a group of advocates were the first to resort to throwing stones, why were tear gas shells/water cannons not used to contain them? In any case, what was the need to attack, get inside the offices of the Registry and beat up Court staff?

20. The police have also gone inside the chambers of the Acting Chief Justice and terrorized the Acting Chief Justice’s staff.

21. Mr.Justice A.C.Arumuga Perumal Adityan was wounded in the police ‘action’ with a lathi and had to be protected by a group of advocates who got badly injured and had to be rushed to the hospital along with the Hon’ble Judge.

22. At least two exits from the High Court have been locked preventing advocates, court staff and others from going outside – is a reference to Jalianwala Bagh inappropriate?

23. Not satisfied with all the above, the police have chased advocates even outside the High Court premises, in and around NSC Bose Road.


A very sad day for the Indian judiciary; a judiciary required to be independent of executive interference. While there may be two opinions on whether the preceding boycott was justified or not, the brutal attack on the institution had nothing to do with this. It is a fact that the Madras High Court was ransacked and vandalized by the police who could not be controlled by even the Chennai City Police Commissioner.

In the light of all the above, it is submitted that advocates have a genuine cause for anguish over this terror that has been let loose by the police. The extent of damage caused to the person and property of the officers of the Court stand testimony to the fact that the police ‘action’ was much more than disproportionate to the disturbances alleged to have been caused by a group of advocates.

Thirty five senior Advocates, including R.Krishnamurthy, Habibullah Badsha, both former Advocate Generals of the High Court, Madras, Mr.T.R.Rajagopolan, former Additional Advocate General, Mr.N.Natarajan and Mr.R.Gandhi, Senior Advocates met on 20.02.2009 and discussed the serious situation in the High Court and passed the following resolutions:

“ We the senior members of the Madras Bar place on record our strongest disapproval of the atrocities committed by the Police, Swift Action Group and Commandos inside the Madras High Court premises on the 19th February 2009, brutally and indiscriminately attacking innocent lawyers, Court staff and general public and damaging public property as well as vehicles parked inside the campus.

We condemn the atrocious act of the Police in even attacking the constitutional authorities – the Hon’ble Judges of the Madras High Court, as well as the Subordinate Judiciary, this interfering with the administration of judicial system.

We demand the prompt and severe action to be taken against the Police officers, who issued directions to the Police to take aggressive action against the lawyers and the Police who unleashed a reign of terror within the High Court campus.

Be all these as they may, two urgent issues need to be addressed – first, finding out what was the agenda behind this indiscriminate action and secondly, and more importantly, saving the all important institution of the High Court from the clutches of the police.

Sd/- [R.KRISHNAMOORTHY]

Sd/- [R.GANDHI]

Sd/- [SRIRAM PANCHU]

Sd/- [T.R.RAJAGOPALAN]

Sd/- [ARVIND P.DATAR]

Sd/- [R.MUTHUKUMARASWAMY]

Sd/- [K.ALAGIRISWAMI]

Sd/- [M.S.KRISHNAN]

Sd/- [S.PARTHASARATHY]

Sd/- [HEMA SAMPATH]

Sd/- [ARL SUNDARESAN]

Sd/- [K.CHANDRAMOULI]

Sd/- [S.SHANMUGAVELAYUTHAM]

Sd/- [R.THYAGARAJAN]

Sd/- [T.VENKATACHALAPATHY]

Sd/- [A.L.SOMAYAJI]

Monday, February 23, 2009

A response I found at a Samanvaya website in response to the blogger's post condemning the violence "by lawyers"
mohan
Dear Ram:

Your good intended piece seems to be raising many misplaced concerns
about the supremacy of instituions like the courts in this country.
Hope you are watching Loksabha TV also to know about the other
instituion.


1. I just do not understand why there should be a five member
committee of judges to go on a simple petty case of ill treatment (of
a lawyer by another one). Had it been done to someone else other than
Dr.Subramaniyan Swamy - do you think the same High court and the
police would have gone this far in the first place. ?


So the answer could be - Dr.Swamy or his likes are greater gods who
can not be touched. How many people in this country have such
previlege. Why there is a need for around 800 police rapid action
force in the campus of the High court. Don't you think there will be
more than what we see with our eyes.


After all egging or throwing tomatoes are accepted as a way of protest
in the so called 'western democracies' from where we borrowed this
establishment. An act of egging does not event count an offense with a
criminal intent in many democracies - from where we copied this High
Court.


2. Just for the sake of a legal argument - the legal sections that is
filed against Dr. Swamy is more grave than a simple egging incident
that warrants almost no arrests by police. But the police arrest the
accused lawyers with such a brutal force. Why is it so, is it such
an urgent matter to be resolved in this country, or the police have
solved every other case pending. Therefore what is wrong with the
agitating advocates asking the police to investigate Dr.Swamy first,
because he is booked in a grave offense than them.


Do not misunderstand me for writing this - my own brother and many
relatives are practicing as lawyers in courts including Madras 'High'
court. They all think that if egging is done for them nothing would
have happend.


All this Chennai HC violence is to safeguard someones superiority
rather than the Instituional sanctity in this country.


May be you can also read the links to get an alternative view:


http://vinavu.wordpress.com/2009/02/17/sswamy1/


With regards


R.Seenivasan.

Krishna Ananth's post - for comments see his blog krishnananth.blogspot.com

A Note to the Editor in Chief, The New Indian Express, Chennai on the High Court Incidents

Dear Aditya,

I am writing this to you to draw your attention to a set of facts that are relevant to events in the Madras High Court premises on Thursday, the reports on them and your editorial today. And it is necessary to do that given the long and glorious tradition of your newspaper and its reputation of being a crusader against the establishment. I do not have to recall and remind you that your institution has had to suffer at the hands of the establishment for being what it is.

Let us now take up the relevant facts of the case in hand.
(1) The lawyers have been on a course of boycott of courts demanding the intervention by the Union Government to halt the onslaught by the Sri Lankan army in the Tamil dominated Northern region of Sri Lanka. Your paper, like many others, may have a different opinion on the demand as such. But then, is it fair to insist that the lawyers shall not have their opinion on the issue? And when the lawyers boycott courts, they too suffer because the norm of no-work-no-pay applies here as much as in the factories!

(2) Then there is the issue of egg being thrown at Subramanian Swamy and your editorial comment that none of the forums spoke against it. Let me draw your attention to the newspapers the day after and the act was condemned by lawyers of repute. And the Madras High Court has taken suo motu notice of contempt and a five judge bench has been constituted to deal with the case. So, it is not as if the process of law taking its course has been delayed in this regard. In any case, there is no role for the police in this case where the act was committed inside the court hall and the judiciary is already taken up the case.

(3) As for the immediate provocation to the police action on February 19, 2009, the police attribute it to a scuffle inside the police station when a group of lawyers were being arrested. While the facts on this are yet to be established, there is another side to the story. The lawyers had gone to the police station to register a complaint against Subramanian Swamy under sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and demanded Swamy’s arrest. Well. The law provides for the immediate arrest of the person against whom the complaint is made and puts the onus of proving innocent on the accused. I am sure that you will not blame the lawyers for having known the law and insisted that it be implemented. I am also sure that you will not describe this as an instance of the lawyers taking the law into their hands!

(4) This took place at about 3 15 pm that day. And within minutes, the Swift Action Group personnel as well as many senior police officers, wearing helmets and carrying shields and lathis were found chasing anyone and everyone in the premises and on the corridors of the City Civil Court, the Small Causes Court and the Family Court. I do not think I must tell you that the lathis they carried were not the same as the ones they carry on ceremonial occasions; they also put them to liberal use and did not spare Justice Arumughaperumal Adityan in the process. This resort to naked violence, we now know from your own paper (Saturday, February 21, 2009, page two: No permission granted: HC) without obtaining the necessary permission from the appropriate authorities. And it went on, unabated for four hours during which time the police went about smashing up the windshields of the carss parked in the premises, damaging the two wheelers and also the window panes of the various rooms in the court buildings. They wielded the lathis indiscriminately and you could have confirmed, from the footage on the various TV channels, the way the policemen went about smashing up the windshields of the cars parked in the premises.

(5) As for the police station in the premises being set on fire: The sequence of events and the large posse of police personnel in the premises are important facts that have to be factored in this regard. The lathi-charge by the SAG personnel started at about 3 15 pm and there was no let up by them at any point of time. They were moving about the premises and all over the compound since then and beating up anyone and everyone who were seen around. Now, do you believe that the lawyers, who had by now collected themselves inside the MHAA library and also around the chambers of the judges could have reached the police station which is on another side of the premises and set fire to it? And that the police, now made of over five hundred personnel, were unable to protect the police station? And that too when they were successfully made the city court and family court premises into sterile zones? As for the timing, the police began acting at 3 15 pm and the police station caught fire after 6 pm.

(6) There is now the story of one DySP having been held captive inside the office of a Public Prosecutor, that he was stripped naked and that he had sent across an SMS from his mobile phone seeking help and that the police then let the SAG to release him. Does this story sound convincing to you? There was no such explanation on Thursday night. The story, even now does not talk about the specific location of where the police officer was held captive; it does not explain how this officer could use his cell phone when he was being stripped and the only explanation of this would be that he was like one of our filmi heroes who manages to do the right thing even in adverse situations. And if it was the case that a police officer who came to discuss a case with the Public Prosecutor, then tell us the name of the lawyer in whose chamber the officer was held up. And in any case, the Commissioner of Police could have gone up to the Acting Chief Justice or the Registrar General to tell them the story and then ordered the ``rescue’’ operation with their sanction. I am delighted that your newspaper has not carried this fairy tale as narrated by the Commissioner of Police.

The point behind narrating these facts is to put the whole issue in perspective. There may be difference of opinion on what must happen in Sri Lanka or on whether the lawyers must go on strike at all. You will also appreciate if I say that we have journalists who indulge in corrupt practices or other such unfair practices. But then, do we then argue that the media professionals as a whole have utmost contempt to the morals and principles and hence hold a brief for the police to beat up all journalists once in a while? I do not have to recall instances of police high-handedness with journalists in the past and how the powers that be arm-twist pliant journalists and editors to fall in line. Do we appreciate all that or do we stand up and say No to such cheap tactics?

As I mentioned in the beginning, your paper has stood up to pressure and abuse of executive authority and that is why I decided to write this to you.

Yours Sincerely,
V.Krishna Ananth,
Advocate, Madras High Court,

High Court under siege

For those who believe that a handful of lawyers who allegedly pelted stones could overcome riot police- see for yourselves:

http://picasaweb.google.com/lh/sredir?uname=devika68&target=ALBUM&id=5305980237903284433&authkey=THg3wMDnnyk&feat=email

Supreme Court responds

What follows is a representation made to the Chief Justice of India. It is likely that the representation may be placed before Court on Wednesday, the 25th of February 2009.


R.VAIGAI & other advocates

22nd February, 2009

To

The Chief Justice of India,
Supreme Court of India,
New Delhi.


Sir,


There is a total breakdown of the Constitutional machinery in the State of Tamilnadu and the administration of justice has come to a grinding halt.

We submit this memorandum to you with deep anguish, pain and shock at the brutal attack by the State Police on judges, advocates, staff, litigants and the general public within the precincts of the High Court, Madras and the neighbourhood, on 19.02.09. We seek your urgent intervention to restore the majesty and the rule of law and the public confidence in the administration of justice in the State of Tamil Nadu.

The police violence on the afternoon of the 19.02.09 within the precincts of the Chartered High Court of Madras have left the judiciary in Tamilnadu in shambles. The State Government has not come forward to hold itself accountable.

The following sequence of events clearly show that the violence had nothing to do with the lawyer’s boycott, who resumed work on 19.02.09 and that the police carried out a premeditated and well planned attack on the judiciary which lasted unabated for nearly 4 hours from 3.30. p.m.

• 9.30 a.m.- Nearly 200 regular policemen, Swift Action Group, Riot Control Police had been gathered around the High Court premises in Madras.

• Similar deployment was at the Madurai Bench. (The police are on record saying that they were prepared – See the Times of India, Chennai Edition, 21-Feb-09, page 2).

• 2.30 pm – 16 advocates went to the B4 High Court Police Station to surrender in connection with the incident that took place in the High Court when Mr. Subramaniam Swamy’s case was heard. They also wanted a complaint registered against Mr. Swamy for having abused a lawyer by his caste name.

• It appears that though the police were persuaded to register the complaint, they made the surrender of advocates accused by Mr. Swamy of assault a precondition.

• 3.00 pm – About 200 Armed Police suddenly arrived near the Police station in vans.

• 3.15 pm – Though the advocates surrendered voluntarily, the police manhandled them and pushed them into the van.

• Advocates objected to the manhandling.. There were less than a 100 advocates, litigants and others present there.

• 3.30 pm – The police offensive increased . Most of the gates of the High Court were closed by the police, thus trapping the judges, advocates and litigants inside the campus.

• Stones were pelted from all directions. Reports say that the police started to throw first.

• Lathicharge of advocates by the armed riot police started.
• Fresh reinforcements of the Special Action Group (riot police) arrived (nearly 200) and the lathi charge continued with greater instensity and the police chased advocates into court halls and chamber blocks.

• The Hon’ble Acting Chief Justice with some judges like Justice A.C.Arumuga Perumal Adityan, Justice R.Sudhakar, Justice Mohan Ram, Justice Sashidaran, Justice Satyanarayana, and Justice Jyothimani came out of their chambers/court halls hearing the commotion. The police did not spare the judges and the advocates who shielded them suffered grievous injuries and are hospitalized.
• Justice Arumugha Perumal Adityan sustained injuries
• The Acting Chief Justice ran towards the registry office in the high court annexe building. However the offices were bolted from inside by the staff fearing the police. Only when the accompanying advocates and staff banged the door announcing the presence of the Acting Chief Justice were the doors opened. Other Judges ran in different directions.

• 4.00 pm - The judges took refuge in the chambers of the
Acting Chief Justice, who tried in vain to contact the Chennai City Police Commissioner, the DGP and the Chief Secretary telephonically.

• 4.00 to 6.00 pm- The Police entered court halls, advocates chambers, administrative offices and lathi-charged both advocates and others present. The police dragged advocates and any other person found even on floors above the ground level and beat them. Women advocates were also not spared. In addition to the physical assault, they were also subjected to sexist offensive language.
• The policemen barged into the court buildings and with brute force broke window panes, caused extensive damage to furniture and records of courts including electronic equipment, LCD television sets and computers, the registry, the offices of the personal assistants of the Judges, the Associations inside the campus like the Madras High Court Advocates Association and the Law Association, the libraries and even the offices of the Government Pleaders and Prosecutors, Advocates chambers and vehicles parked in the campus. Close to 200 cars and two wheelers were damaged.

• Advocates, litigants, court staff, judges, children in the day care centre near the Family courts and general public were trapped in various court buildings.

• 5.30 pm – The B4 police out post located at the southern end of the campus after the Family Court building caught fire. At that point of time, the entire campus was under a siege by the police. Judges , advocates, staff and litigants including those injured were trapped inside the court halls and chambers. Many had fled the campus . The police station had already been cordoned off by the armed police. The claim of the police that the advocates set fire is false.
• The riot police reached the door step of the chambers of the Hon’ble Acting Chief Justice, where the full court had taken refuge. The registrar General and other senior court staff and some advocates were present inside the chambers. The riot police lathi charged the advocates who were assembled outside the chamber waiting anxiously for judicial response and protection.
• Justice Sudanthiram rushed out of the chamber of the Acting Chief Justice on hearing the commotion but had to beat a hasty retreat as he too was attacked.
• The riot police started banging the doors of the chambers of the Acting Chief Justice.
• 6.00 pm - Some of the injured persons managed to leave the court premises escorted by advocates through the northern gate facing Thambu Chetty street on NSC Bose Road as it was the only gate open.

• 6.30 pm – The Police chased the advocates leaving the campus into the adjoining streets including Esplanade Road, NSC Bose Road, Armenian Street, Thambu Chetty Street, Linghi Chetty Street, Sunkurama Chetty Street. The Police indiscriminately beat people found on these streets. They also entered shops and law offices and continued the rampage. Many people took refuge in shops and shutters were drawn. They specially targeted the offices of advocates in the said streets.

• 7.30 pm-the DGP ,the Chief Secretary and the Home Secretary finally came to the Hon’ble Chief Justice’s chambers.

• 6.30 – 8.00 pm – Police violence continued. Vehicles parked inside the court campus were randomly damaged and any person found was chased and beaten.

• The entire High Court campus was under siege between 3.30 p.m. and 8.00 pm.

• At the end of the day, nearly 150 advocates, staff and litigants were admitted to hospital with serious injuries and significantly the majority had sustained head injuries.



• At about 8 p.m. on the basis of a written complaint given by a lawyer, the High court treating it as a PIL passed an order recording the incidents and directed that the investigation be handed over to the CBI. It also constituted three committees to assess the damage to the high court and other courts.
• 20.02.09- The High Court could not function thereafter as court property was extensively damaged. Furniture, electronic equipment and glass pieces were found strewn everywhere. Advocates who had assembled in the premises for a peaceful demonstration were threatened by the police. Late in the evening, shoot at sight orders for damage to public property was ordered and a handful of protesters were trapped inside the campus.

• At about 11.40 pm, a few advocates had to enter the court with the permission of the Acting Chief Justice to escort these protesters out of the campus.

• 21.02.2009 – The High Court wore a deserted look and all the entrances have been locked. At every entrance, 40 to 50 policemen have been posted. Many shops on the adjoining streets were closed. The same situation continues even today.
• The High Court issued an official statement that it did not authorize police entry on 19.02.09.
• The High Court passed judicial orders calling for a report from the police commissioner to take a decision on initiating criminal contempt proceedings against the state officials. It also held the state accountable for the damage caused.






While this is the state of affairs attempts are being made to project the violence of the police as a clash between them and the advocates. There is extensive video footage of the assault, despite which the state government has not even suspended the police commissioner and the joint commissioner who was in charge of the operation.

We bring to your notice that 35 senior advocates of the Madras High Court have passed a resolution condemning the atrocities committed by the police and the brutal and indiscriminate assault on judges, advocates, staff, general public and the damage caused to property.

Unfortunately the police is generating false rumours by the day as if the advocates pose a threat to the safety of the courts, based on which shoot at sight orders have been issued to be enforced in and around the courts in the state.

Representations by advocates to restore normalcy have gone in vain. It is ironical that while the judiciary was outrageously attacked by the police , it has reposed faith in the same force to guard its property in preference to the advocates who protected the judges and suffered grievous injuries in the process.

The prominence given to the “shoot at sight” orders, simultaneous with the closure of courts with the physical presence of large contingents of armed police around courts all over the state gives the most disturbing appearance as if the state judiciary is under siege by the police and the judges have no control over the administration of justice. This sends a dangerous message to the


general public completely shaking their faith in the rule of law and the independence of the judiciary.

Today members of the judiciary, court staff , advocates and litigants feel unsafe to enter courts with police present in such large numbers. It is imperative
to completely remove the police from the courts in Tamil Nadu for the judicial system to start functioning freely without any fear.

The legal community including the judiciary in Tamil Nadu look up to you in this hour of crisis. The Hon’ble Supreme court should suo motu order judicial enquiry by a panel of sitting high court judges since it is the judiciary that has been attacked and made dysfunctional Courts in the high court premises cannot function unless extensive repairs are effected.

We urge you to visit the High Court and make effective interventions to restore people’s faith in the majesty of justice including that of subordinate judicial officers, ministerial staff and that of the legal community.

Yours sincerely,

Sunday, February 22, 2009

coverage at makkaltholaikkaatchi.blogspot.com

Friday, February 20, 2009
காவல்துறையினர் நடத்திய வெறித்தனமான தாக்குதல்

சென்னை உயர்நீதிமன்ற வளாகத்தில் காவல்துறையினர் நடத்திய வெறித்தனமான தாக்குதலில் மக்கள் தொலைக்காட்சி செய்தியாளர்கள் இரண்டு பேர் படுகாயம் அடைந்தனர்.
சென்னை உயர்நீதிமன்ற வளாகத்தில் நேற்று வழக்குரைஞர்களை ஓட ஓட விரட்டி காவல்துறையினர் தாக்கினர். இந்நிகழ்வை மக்கள் தொலைக்காட்சி செய்தியாளர்கள் சேதுராமன் , ஜோதிமணி ஆகியோர் படம் பிடித்துக் கொண்டிருந்தனர்.
இதனால் ஆத்திரம் அடைந்த அதிரடிப்படையினரும், காவல்துறையினரும் மக்கள் தொலைக்காட்சி செய்தியாளர்கள் இருவர் மீதும் கொலைவெறித் தாக்குதல் நடத்தினர் . செய்தியாளர்கள் என்று அடையாள அட்டையை காண்பித்த பிறகும் காவல்துறையினர் தடியடி நடத்தினர். இந்தத் தாக்குதலில் படுகாயம் அடைந்த செய்தியாளர்கள் இருவரும் மருத்துவமனையில்
சிகிச்சை பெற்று வருகின்றனர் .

காவல் துறையினரின் இந்த வெறித்தாக்குதலில் பல லட்சம் ரூபாய் மதிப்புள்ள மக்கள் தொலைக்காட்சியின் ஒளிப்பதிவு கருவிகள் அடித்து நொறுக்கப்பட்டன . ஒளிப்பதிவாளர்கள் மீதும் கண்முடித்தனமான தாக்குதல் நடத்தப்பட்டது . மேலும் காவல்துறையினரின் காட்டுமிராண்டிதனமான தாக்குதலில் உயர்நீதிமன்ற நீதிபதி ஆறுமுகபெருமாள் ஆதித்தன் மற்றும் வழக்குரைஞர்களும் படுகாயம் அடைந்தனர் .

Posted by மக்கள் குழாம் at 3:02 AM 3 comments
Posted by மக்கள் குழாம் at 1:43 AM 0 comments

Saturday, February 21, 2009

Courts under lockout

It is strange that a section of the general public which has been quick to condemn strikes by lawyers, has remained mute when the courts has been closed after police unleashed violence against the lawyers and assaulted the judges. Courts will continue to be closed on Monday and Tuesday and today lawyers resolved to enter the campus and recommence work on Monday. The State has continued to issue provocative statements against the lawyer community and spread misinformation on the assault on the judiciary without being challenged on why it entered the campus without permission from the court authorities and why its personnel behaved like rioters.
mohan

Justice in peril

The recent attack on the Madras High Court by riot police, did not stop with threatening the physical safety of lawyers. Whether you like them or lump them, lawyers have been at the forefront of public action in support of any public cause. While most of the mainstream media has gone to town seeking to tarnish the image of lawyers in the public eye and indirectly seeking to justify police goondagiri, facts and truth have become a casualty. If anyone has a commitment to neutrality and believes that even those one dislikes have constitutional rights and that assaults on lawyers and judges are an assault on democracy, the rule of law and the constitution, they will seek to unravel the lies that are being propagated by the state and being eagerly lapped up by the mainstream media, whose favourite whipping persons, lawyers seem to have become.

MYTH

A. Lawyers started attacked police without provocation


B. Lawyers burnt the High Court police station down and therefore the police had to retaliate

C. Police resorted to force to protect judges and public property.

D. Hundreds of police personnel injured.


FACTS



1. A large posse of regular policemen, and battalions of the Swift Action Group were deployed in close proximity to the Campus, inspite of the fact that there was no strike or boycott of courts in progress

2. more than 500 police personnel started an indiscriminate lathi charge on all and sundry in the court campus, including judges!

3. Police personnel broke windows and doors, furniture, damaged cars and motorcycles, and it was clear that the riot police were the rioters!!

4. Police continued their assault on lawyers, court staff and the general public not only within the court campus but also in the neighbouring streets of Parrys corner, targetting lawyers' offices, tailors servicing lawyers and even photocopying establishments.

5. While there was sporadic stone throwing against the police in retaliation to the lathi charge, stones were brought in and used by the police personnel.

6. It was lawyers who protected judges from assault from the police.

7. The Acting Chief Justice's calls to the police were not even answered for more than an hour.

8. Lawyers had to seek refuge in judges' chambers and even here the police attempted entry and assault.

9. More than 100 lawyers were injured and from the nature of injuries, it was clear that the police had targeted the heads of lawyers.

10. The High Court has made it clear that no permission was sought from it for the police to enter the premises or carry out any lathi charge.

11. A division bench of the High Court has also termed news reports as misleading.

These are facts as even anyone who is neutral can see it and borne out for the most part by judges, unless you prefer to be led by a biased media and a perspective independent of fact.

mohan