A.Nagoor Gani v. The State Of Tamilnadu
2024:MHC:2239
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11-06-2024
CORAM
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM And THE HONOURABLE MR. JUSTICE C.KUMARAPPAN 1.A.Nagoor Kani 2.Roshan Sulaika Banu 3.A.Alima Beevi .. Petitioners -vs1.The State of Tamil Nadu, Represented by its Chief Secretary, Fort St. George, Chennai-600 009.
2.The State of Tamil Nadu, Represented by its Home Secretary, Fort St. George, Chennai-600 009.
3.State of Tamil Nadu, Represented by its Secretary to Law Department, Fort St. George, Chennai-600 009.
4.The Registrar-General, The High Court of Judicature at Madras, High Court, Chennai-600 104.
5.The Commissioner of Police, Greater Chennai, Commissionerate, Egmore, Chennai-600 008.
6.The Inspector of Police, F-2 Police Station, Egmore, Chennai-600 008.
7.The Bar Council of Tamil Nadu, Represented by its Secretary, High Court Buildings, Chennai-600 104.
8.The Learned Chief Metropolitan Magistrate, Egmore, Chennai-600 008.
9.The Learned X Metropolitan Magistrate, Egmore, Chennai-600 008.
10.Parveen 11.D.P.Kamaraj 12.Duraikannan @ Kannan
13.P.Sivanesan 14.Mr.Ravindrakumar 15.Janardhanam 16.D.Prabhu 17.T.Balakrishnan 18.Sethuraman .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to constitute a judicial enquiry headed by a Sitting Hon'be Judge of this Hon'ble Court to enquire into the parallel justice delivery system (Kangaroo Court) being run and managed at the Egmore Court campus by the unruly Advocates and so as to ensure the smooth functioning of law and fair justice delivery system as guaranteed under the Constitution of India and make them available to everyone without any fear or favour within the campus of Metropolitan Magistrate Court, Egmore, Chennai and suggest measures to rectify the same.
For Petitioners : No Appearance For Respondents-1 to 3 : Mr.T.Chandrasekaran, Special Government Pleader.
For Respondents-4, 8 to 11 and 13 : No Appearance
For Respondents-5 and 6 : Mr.R.Muniyappa Raj, Additional Public Prosecutor.
For Respondent-7 : Mr.C.K.Chandrasekar For Respondent-12 : Ms.B.Asha for Mr.M.Gnanasekar For Respondents-14 and 16 : Mr.S.Mathanakumar For Respondent-15 : Mr.R.C.Paul Kanagaraj For Respondents-17 and 18 : Ms.R.Vijayalakshmi For Justice K.Chandru Committee: Ms.Narmadha Sampath
O R D E R
[ORDER OF THE COURT WAS MADE BY S.M.SUBRAMANIAM, J.] The Writ of Mandamus has been instituted to direct the first respondent/Chief Secretary to Government of Tamil Nadu to constitute a judicial enquiry headed by a Sitting Hon'be Judge of this Hon'ble Court to enquire into the Parallel Justice Delivery System (Kangaroo Court) being run and managed at the Egmore Court campus by the unruly Advocates and so as to ensure the smooth functioning of law and fair justice delivery
system as guaranteed under the Constitution of India and make them available to everyone without any fear or favour within the campus of Metropolitan Magistrate Court, Egmore, Chennai.
2. The writ petitioners were the litigants instituted or facing trial in Metropolitan Magistrate Courts at Egmore campus. The writ petitioners faced several obstructions by the Advocates practising in Egmore Courts, which prompted them to institute the present writ proceedings.
3. This Court appointed Hon'ble Mr.Justice K.Chandru, Retired Judge of this Court, as Chairman and appointed Mr.Selvam, Chairman, Bar Council of Tamil Nadu and Pondicherry, Mr.J.K.Tripathy, IPS, Additional Director General of Police (Prisons) and Hon'ble Mr. Justice P.Velmurugan (then Registrar (Vigilance), High Court of Madras) and Mr.Gnani Sankaran, Journalist as members. The Committee headed by Hon'ble Mr. Justice K.Chandru, Retired Judge of this Court, submitted a detailed report to the High Court.
4. The learned Additional Public Prosecutor, on instructions from Mr.N.Thirumal, Inspector of Police, F-2 Egmore Police Station, Egmore, Chennai-600 008, made a submission that now the Egmore Court campus is guarded by the Armed Reserve Police and there is no complaint regarding the allegations of running Parallel Justice Delivery System (Kangaroo Court). The learned Additional Public Prosecutor would submit that the Courts functioning at Egmore Court campus, are now smooth and normal. The police protection given by the Armed Reserve Police must be allowed to continue, so as to ensure peaceful functioning of the Courts at Egmore Campus.
5. It is brought to the notice of this Court that CCTV cameras are installed and the activities in the Egmore Court campus are monitored by the Police Authorities. Therefore, no further consideration is required in respect of the relief sought for in the present writ petition.
6. Regarding the report submitted by the Committee headed by Hon'ble Mr. Justice K.Chandru, Retired Judge of this Court, the Registry of
the High Court may take appropriate actions, if necessary.
7. With the above observations, the present writ petition stands disposed of. However, there shall be no order as to costs. (S.M.SUBRAMANIAM,J.) (C.KUMARAPPAN,J.) 11-06-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn To 1.The Chief Secretary, State of Tamil Nadu, Fort St. George, Chennai-600 009.
2.The Home Secretary, State of Tamil Nadu, Fort St. George, Chennai-600 009.
3.The Secretary to Law Department, State of Tamil Nadu, Fort St. George, Chennai-600 009.
4.The Registrar-General, The High Court of Judicature at Madras, High Court, Chennai-600 104.
5.The Commissioner of Police, Greater Chennai, Commissionerate, Egmore, Chennai-600 008.
6.The Inspector of Police, F-2 Police Station, Egmore, Chennai-600 008.
7.The Bar Council of Tamil Nadu, Represented by its Secretary, High Court Buildings, Chennai-600 104.
8.The Learned Chief Metropolitan Magistrate, Egmore, Chennai-600 008.
9.The Learned X Metropolitan Magistrate, Egmore, Chennai-600 008.
S.M.SUBRAMANIAM, J.
AND C.KUMARAPPAN, J.
Svn WP 23048 of 2011 11-06-2024