High Court Of Madras, v. Smt. Krishnaveni And 2 Others

CONT P NO. 1248 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA CONT P NO. 1248 of 2025 High Court of Madras, Chennai - 600 104.

Petitioner(s) Vs Smt. Krishnaveni and 2 others W/o. Siva, Thanigai Polur Village and Post, Arkonam Taluk, Now Ranipet Dist. and 2 Others Contemnor(s) CONT P NO. 1248 of 2025 For Petitioner(s):

For Contemnor(s):

notice despatch on date 16.4.2025 service awaited for thr respondent 1,2,3 notice served for the respondent 1(KRISHNAVENI W/o. Siva, Thanigai Polur Village and Post, Arkonam Taluk, Now Ranipet Dist.) notice served for the respondent2(MARKANDAN, S/o. Manicka Mudaliar, Thanigai Polur Village and Post, Arkonam Taluk, Now Ranipet Dist.) notice served for the respondent3(SUBRAMANI, S/o. Ethiraj, Thanigai Polur Village and Post, Arkonam Taluk, Now Ranipet Dist.)

ORDER

This Court by order dated 04.04.2025 had initiated suo motu contempt against the Contemnors who are the petitioners in the transfer C.M.P and statutory notice was issued to them.

2. Despite receipt of the statutory notice, the petitioners had not appeared before this Court on 04.06.2025. Therefore, this Court, by order dated 04.06.2025, had issued a Non-Bailable warrant for the appearance of the petitioners before this Court on 18.06.2025.

3. Today, Mr.S.Sugendran, learned Additional Public Prosecutor, would inform the Court that the police have secured the Contemnors and brought them to the Court premises. However, Mr. Balasubramanian, Counsel for the petitioner in the transfer CMP is preventing the parties from entering the Court by retaining their Aadhaar Card and also obstructing the Police Officials from executing the orders of this court. He appeared before this Court and started intimidating the Court by stating that he has filed a complaint before the Hon'ble Chief Justice and threatened that this Court should recuse itself from hearing the case. However, no order has been produced in this regard. He has, in vernacular, threatened that, if the Court takes action against him, he would ensure that this Court would be destroyed. He has also used unparliamentary and abusive words against this Court.

4. This is a clear case of obstructing the administration of justice. Mr.Balasubramanian, Counsel who is fully aware of the order is deliberately preventing the contemnors from appearing before the court, though they have been secured and brought to the High court premises. The said counsel is therefore guilty of committing contempt of the orders of this Court. This is a fit case where criminal Contempt proceedings should be initiated against the Counsel, Mr.Balasubramanian.This court takes cognizance of the act of Criminal Contempt committed by him.

5. In an earlier matter where the very same counsel was the Contemnor, the Division Bench of this Court while hearing the criminal contempt had stated as follows:

" 3.The incident was brought to the notice of the Registrar General of this Court by Letter dated 13.04.2021 from Deputy Commissioner of Police, Flower Bazaar District, Greater Chennai Police. A digital recording of the said incident has also been forwarded and this Court has perused the same.

4.This Court has also seen the entire footage starting from the time the Police informed the respondent about

the orders of this Court and thereafter, how the respondent and one of his Advocate friend had started questioning the Police Personnel and the respondent has not paid heed to the Inspector of Police's statement that he is only executing the orders of this Court. The Police report would also state that the respondent's counsel Mr.Balasubramanian had arrived and he also started abusing the Police. The video footage shows his presence. Thereafter, the scene has totally turned ugly and in one footage, I saw two Advocates trying to pull out a Police Officer using abusive and unparliamentary words. The entire scene is enacted on the public road just outside the Court premises in full public view. This is nothing but obstructing the administration of Justice. The act becomes all the more contumacious as the respondent and the others who are members of the noble profession have committed this act. They are bound to respect not only the dignity of this Court but also the orders of this Court.

6. This order of the Division Bench has also been upheld by the Hon'ble Supreme Court in the case reported in 2022 (18) SCC 724 [P.R.Adikesavan Vs The Registrar General, High Court of Madras and Others] wherein the learned Judges had made the following observation about the aforesaid

counsel.

"7. The behaviour and conduct of the Appellant, who is a member of the Bar has been thoroughly contemptuous. There was a clear attempt to obstruct the process of justice when the non-bailable warrant was sought to be served on him by the competent police officials, which has been recorded in the video footage. The Appellant is complicit in the obstruction of justice."

7. Hence, this matter is referred to the Division Bench of this Court for passing necessary orders in this regard. The Bar Council is also addressed to take necessary action against the said counsel Mr.Balasubramanian,

8. The 2nd Contemnor's son, Mr.Pichandi who had appeared before this Court and informed that the Contemnors will not appear before this Court unless and until the Counsel instructs them to do so. Therefore, this Court is left with no alternative except to direct Mr. S. Sugendran, learned Additional Public Prosecutor, to take further proceedings pursuant to the orders of this Court dated 04.06.2025.

18-06-2025 srn Issue order copy today (18.06.2025) CONT P NO. 1248 of 2025

To

1. The Registrar General, High Court, Madras.

2. The President, Bar Council of Tami Nadu and Puducherry, High Court Campus, Chennai.

3. The Public Prosecutor, High Court, Madras.

4. Smt. Krishnaveni W/o. Siva, Thanigai Polur Village and Post, Arkonam Taluk, Now Ranipet Dist.

5. Markandan, S/o. Manicka Mudaliar, Thanigai Polur Village and Post, Arkonam Taluk, Now Ranipet Dist.

6. Subramani, S/o. Ethiraj, Thanigai Polur Village and Post, Arkonam Taluk, Now Ranipet Dist.

7. Mr.R.Balasubramanian, Advocate, No.6/30, 6th Cross Street.

Balaji Nagar Main Road, Kolathur, Chennai - 600 099.