Thambaram Murugan v. Mr. Sandeep Rai Rathore, I.P.S.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:18.07.2024 Coram:
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Thambaram Murugan .. Petitioner /versus/ Mr.Sandeep Rai Rathore, I.P.S., The Commissioner of Police, Greater Chennai Vepperi, Chennai.
.. Respondent Contempt Petition has been filed under Section 11 of Contempt Act, 1971, to initiate contempt proceedings against the respondents for having wilfully disobeyed the judgment of this Hon'ble High Court on 26.06.2023 in Crl.O.P.No.5443 of 2023 under the relevant provision of the Contempt Court Act, 1971 For Petitioner :Mr.R.Sankara Subbu for Mr.M.Senthamizh Selvan For Respondent :Mr.S.Udaya Kumar Govt.ADvocate (Crl.Side) ----- 1/6
ORDER
The petitioner herein claiming himself as a Secretary of the Political Party has sought for police protection providing a Gunman. His representation dated 22.02.2023 has not been considered by the Commissioner of Police, Greater Chennai, Vepperi. Hence, he has approached this Court filing Crl.O.P.No.5443 of 2023 seeking a direction to give police protection based on his representation.
2. This Court on 26.06.2023 disposed of the said petition with a direction to the respondents to pass appropriate order in the manner known to law within a period of four weeks from the date of receipt of the order copy.
3. Stating that no order was passed on the representation of the petitioner, pursuant to the direction of this Court dated 26.06.2023, the contempt petition was filed to take action against the respondent for their wilful, deliberate and disobedience of the Court order. 2/6
4. The learned Government Advocate (Crl.Side) submitted that after taking notice, today, reports that the representation of the petitioner dated 12.07.2023, was not considered and rejected vide proceedings dated 03.08.2023 in Na.Ka.No.J-3/824/20780/2023.
5. On perusal of the proceedings in the name of the Commissioner of Police, Tambaram, dated 03.08.2023, it shows that apparently it was not served to the petitioner till 12.07.2024. Only after filing of the contempt petition, the Additional Commissioner of Tambaram had sent a copy of the proceedings to the Inspector of Police, Salaiyur Police Station and the petitioner herein. The said proceedings indicates that the Additional Commissioner of Police, Tambaram, has signed the copy on 11.07.2024. Thus, apparently, it is the case of wilful disobedience of the order passed by this Court.
6. The learned Government Advocate (Crl.Side) submitted that the Commissioner of Police has passed an order on the representation of 3/6
the petitioner within the time fixed by this Court. However, due to communication gap, the Assistant Commissioner has not forwarded the copy to the petitioner. Though the said explanation is not satisfactory to this Court for the purpose of this matter this Court is of the view that having passed the order rejecting the representation seeking police protection, the petitioner is at liberty to challenge the rejection order in the manner known to law. The displeasure of the this Court about inaction of the Commissioner of Police, Tambaram is placed on record for the Director General of Police to take note of his dereliction of duty.
7. With the above observations, this Contempt Petition is closed.
18.07.2024 Index:yes/no ari 4/6
To:
1.Mr.Sandeep Rai Rathore, I.P.S., The Commissioner of Police, Greater Chennai Vepperi, Chennai.
2.The Public Prosecutor, High Court, Madras.
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DR.G.JAYACHANDRAN,J.
ari 18.07.2024 6/6