S A MIYAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD the petitioner-in-person. This writ petition has been filed with a prayer that this Court should appoint a Commission of Inquiry under the Commission of Enquiries Act, headed by a sitting Judge of this Court in consultation with the Honourable Chief Justice.

(2.) THE prayer for appointment of the said Commission is made in view of certain incident, which had taken place in this Court some time in the month of October 2007 between the police and an Advocate in Stanley Hospital. This Court fails to understand as to how in an incident, which has happened outside the Court, relating to some law and order situation, which might have called for police intervention, this Court can appoint an Inquiry Commission. Apart from that, under the Commission of Enquiries Act, 1952, the power to appoint a Commission vests with the appropriate Government and not with any Judge or the Honourable Chief Justice.

(3.) THIS Court is further given to understand that in order to redress the grievances of the Advocates, already a High Power Committee has been formed consisting of Honourable Judges of this Court, the Chief Secretary and the Home Secretary of the State of Tamil Nadu, the Members of the Bar and also senior members of the police force. In view of such Committee, which is already existing, this Court directs that in respect of any future grievances of the Advocates against police atrocities, the said Committee should be approached and functioning of the Court should not be disturbed. THIS Court makes this observation in view of the fact that even if there are cases of police atrocities, the Court of law is the proper forum, before which the Advocates can come and complain, but by stalling the running of such Court, no purpose would be served.