RAJENDRAN Vs. STATE

JUDGEMENT

(1.) A storm, not one natural, had blown over the campus, which accommodates the Courts of certain Metropolitan Magistrates and Judicial Magistrates, in Saidapet on 26-7-1995. The unusual impact of the storm had led to public dismay and has anguished this Court, the consequence of which is the initiation of this suo moto contempt proceedings.

(2.) The manner in which these proceedings stood initiated can be best noticed from the order pronounced by us on 7-8-1995, the relevant portion of which reads as hereunder :"

(3.) Of late, throughout the country certain sad events are taking place, which tend to affect the administration of justice. The happening on 26-7-1995 in the Court campus of the Metropolitan Magistrates in Saidapet, both inside and just outside it, is bound to shock the conscience of any reasonable individual. On the one side, it prima facie appears, on the report of the Learned Chief Metropolitan Magistrate that it was the police force, which was responsible for the closure of the gates, while on the other side from the statement of the President of the Saidapet Bar Association, it is clear, that a group of Advocates had got inside the chambers of XVIII Metro-Politan Magistrate, Saidapet. inserting on releasing of Natarajan, on bail, though the learned Magistrate had passed an order of remand, earlier in point of time. Disturbances of this nature, quite often surface and it would be necessary to put an end to such pathetic episodes. Not only individuals, but self proclaimed groups as well members of the Bar and law enforcing agencies, appear to be responsible for putting spokes in the wheels of administration of justice. Whomsoever may be responsible will have to face the consequences, for always the majesty of justice will proclaim itself. We have reached a stage, when steps have to be taken to fortify the laws, for otherwise force is bound to get justified. Erosion of well-cherished values cannot be allowed. We are satisfied on the material placed before us that there is prima facie evidence of commission of criminal contempt. Though certain names of contemners are apparent in the records placed before us, many more who may be liable for contempt have to be ascertained, since their identifies have not been fully brought out in the report and other material placed before us. We are satisfied that the contemners had done certain acts, which we think would amount to interference with or have a tendency to interfere with or obstruct the administration of justice. It is well known that Courts are kept open during its working hours, so that any person in need can seek recourse to justice. It is not that even after Court hours in matters of emergency orders are sought for and obtained from Courts in deserving cases. The law enforcing agencies have no right to close the doors of the Court campus, thus preventing ingress and egress to the litigants, the members of the public and Bar the Court staff and others. May be under extra-ordinary circumstances when security is involved, it will be open to the law enforcing agencies to protect the inmates of the campus, but that is normally done after bringing those facts to the notice of the concerned senior Magistrate in charge of the administration. If the matter happens to be so urgent in respect of security, it will be the bounden duty of the agency concerned to bring it to the notice of the concerned Magistrate about the emergent action already taken subject to ratification by the authorities concerned. On the papers placed before us we do not find any such emergency that could have led to full closure of the northern gate and partial closure of the southern gate in the campus of the Metropolitan Magistrates' Courts in Saidapet. We find that the following Police Officers appear to be prima facie responsible for the closure of the gates :(1) Thiru Rajendran, Deputy Commissioner of Police (Law and Order), Madras South,(2) Thiru Mourya, Assistant Commissioner of Police (Law and Order), E-1 Mylapore Range,(3) Thiru Murali, Inspector of Police, (Law and Order), E. 1 Mylapre Police Station.(4) Thiru Periah, Assistant Commissioner of Police (Law and Order) Saidapet Range.(5) Thiru Sathivel, Inspector of Police, (Law and order), Saidapet.(6) Thiru Kotteeswaran, Inspector of Police, (Law and Order), J-3 Guindy Police Station.(7) Thiru V. Krishnamurthy, Grade-I Constable, J-4 Police Station, and(8) Inspector of Police (Law and Order), Royapettah Police Station, who was on duty at the relevant time in the Court campus, whose name is not known."Notice shall issue to these Officers returnable in four weeks, in this contempt application.