Madras High Court Penalise For Arrest In Court Premises

Madras High Court

Unknown vs Robert on 16 July, 2018

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:  16.07.2018

CORAM :

The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE
AND
The Hon'ble Ms.JUSTICE P.T.ASHA

Contempt Petition No.1538 of 2018
(Suo-motu)



1.Robert,
   Head Constable of Singanallur Police Station,
   Tiruppur.

2.Munisweeran,
   Inspector of Police,
   Singanallur Police Station,
   Tiruppur.

3.Velan,
   Driver of Singanallur Police Station, 
   Tiruppur.       .. Respondents
 

 Suo-motu Contempt proceedings initiated against the contemnors as per the order made in Roc.No.5299/2018/OS.

 For Respondents  : Mr.C.Manishankar
      Addl. Advocate General
      assisted by
      Mr.T.N.Rajagopalan
      Government Pleader

* * * * *
O R D E R

(Made by Ms.Indira Banerjee, Chief Justice) We have perused the affidavits filed by the contemnor respondents Mr.R.Robert, Head Constable of Singanallur Police Station; Mr.Muneeswaran, Inspector of Police, Singanallur Police Station and Mr.Velan, driver of Singanallur Police Station.

2. We have also perused the letter written by the Judicial Magistrate, Tiruppur to the Registrar General of this Court through the Chief Judicial Magistrate, Tiruppur.

3. In the aforesaid letter, it is categorically stated that the police personnel forcefully dragged the surrendered accused G.Santhosh from the Court hall to outside the Court .

4. May be, as contended by the contemnor respondents, the accused Don Santhosh was wanted in several criminal cases including murder cases. The police personnel, however, cannot drag any accused out of the Court hall, disrupting Court proceedings.

5. On consideration of affidavits filed by the contemnor respondents, it appears that it was only the Head Constable Mr.R.Robert, who first entered into the Court room, while the Inspector of Police Mr.Munisweeran and the driver Mr.Velan were waiting outside near the vehicle. The aforesaid persons came only after the commotion.

6. On over all consideration of the affidavits as also an unconditional apology tendered, we deem it appropriate to drop the proceedings against the Inspector of Police Mr.Munisweeran and the driver Mr.Velan, who were waiting near the vehicle outside the Court.

7. The letter of the Judicial Magistrate, Tiruppur referred to above categorically states that the accused G.Santhosh was dragged out of the Court hall. This is not just arbitrary, it is contumacious and the contemnor respondent Mr.R.Robert cannot be let off merely by accepting his apology. We, thus, impose on Head Constable Mr.R.Robert a fine of Rs.500/- (Rupees Five Hundred only). He has also given an undertaking not to repeat such act in any Court in future.

8. The contempt proceedings are disposed of with the above directions. A compliance report shall be furnished to the Registrar General of this Court within 23.7.2018.

(I.B., CJ.)         (P.T.A., J.)
        
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