Contempt of court: Madras HC dispenses with Chennai police commissioner’s personal appearance before it

  • | Monday | 20th March, 2017

It directed him to appear before it on March 27 in a case of non-compliance of court. "It is learnt that the police have been visiting the petitioner (whistleblower) six times a day and obtaining signatures from him. Accordingly, the additional commissioner of police instructed his subordinate officials to implement the order. Only on this context that the court had ordered the commissioner to provide police protection to Thangavelu.Earlier in the day, the Madras high court refused to accept the explanation offered on behalf of the Chennai city commissioner of police in connection with another case. The scope of the petition has now been expanded and all councillors holding the post in the past 10 years to submit their asset details to court.In view of the political nature of the proceedings, the court said the whistleblower required police security.

CHENNAI: A division bench of the Madras high court on Monday stepped in and dispensed with the personal appearance of Chennai city commissioner of police S George before a single judge in connection with a contempt of court case.The first bench of Acting Chief Justice Huluvadi G Ramesh and Justice RMT Teeka Raman dispensed with the personal appearance of George on March 22, and also transferred the case to itself.Last week, Justice N Kirubakaran directed the commissioner to appear before the court for the latter's failure to provide security to a whistleblower as directed by the court.On Monday, however, a memo was filed before the first bench on behalf of George, saying the order Justice Kirubakaran was communicated to him, and he in turn instructed the additional commissioner of police to look into the matter. Accordingly, the additional commissioner of police instructed his subordinate officials to implement the order."It is learnt that the police have been visiting the petitioner (whistleblower) six times a day and obtaining signatures from him. Hence, we do not know in what way he had violated the court orders," the memo said according to senior counsel S Prabakaran.Secondly, the commissioner of police was not at all a party to the petition before the single judge and hence the contempt proceedings would not lie against him.Thirdly, when the case had been referred to the first bench for further proceedings, how the single judge could initiate contempt against the officer.The issue relates to a petition filed by Injambakkam resident Pon Thangavelu who said a local councillor, Annamalai, was abusing his position and paying a pittance as property tax. For each of his more than five bungalows, he was paying Rs 55 to Rs 110 as annual property tax.The councillor was found to have declared his properties as 'nil' though he possessed assets worth several crores of rupees. The scope of the petition has now been expanded and all councillors holding the post in the past 10 years to submit their asset details to court.In view of the political nature of the proceedings, the court said the whistleblower required police security. Only on this context that the court had ordered the commissioner to provide police protection to Thangavelu.Earlier in the day, the Madras high court refused to accept the explanation offered on behalf of the Chennai city commissioner of police in connection with another case. It directed him to appear before it on March 27 in a case of non-compliance of court.

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