HC warns TN gov of ‘judicial emergency’

Chennai | Thursday | 10th January, 2019

Summary:

His service was extended as per the apex court directive. “He is no more in state government service. CHENNAI: The Madras high court has threatened Tamil Nadu government with declaration of ‘judicial emergency’ if the government continued to undermine the court-monitored idol theft cases.“If required, judicial emergency will be declared by this court for the manner the state is represented in these cases,” a special bench of Justice R Mahadevan and Justice P D Audikesavalu said on Wednesday.The bench made the observation after additional advocate-general PH Aravindh Pandian questioned the powers of the court-appointed special officer Pon Manickavel to repatriate 80 of his subordinate officers to their parent departments. This special officer is not equal to the DGP,” Pandian added.A visibly upset bench then observed that such attitude of the state, undermining the orders of the court, could not be tolerated and added that suitable orders would be passed.The issue pertains to denying office space for Pon Manickavel in Chennai and non-cooperation of his subordinates. He had attained superannuation, he cannot pass such orders under service rules or CrPC,” Pandian said.Taking exception to the submission, the bench wondered whether the Tamil Nadu director-general of police could exercise such powers.Strongly objecting the observation, Pandian said the tenure was fixed as per Supreme Court direction in the Prakash Singh case and that the powers of the head of the state police could not be equated with that of high court-appointed special officer.“The DGP has not retired..