Dravidian polity: Courts, Judiciary and Judicial proceedings.

The interfering and meddling with judicial processes, circumventing judgments or decisions of Special courts and Commissions constituted and other extra-judicial activities have been the part of Dravidian polity since theiracquirement of political dominance and rule.

As times goes on, people may forget what has happened or how the plitical culprits escapred scotfree in spite of their involvement. In fact, many times, the criminals, scam-sheeters and violators of Acts and Rules try to become a politician or MLA, MP, Minister or CM so that the judicial process could be subverted.

The recent happenings have again shown the repetition of just-past events forgotten by the common people.

High Court confirms lower court order acquitting Indira Kumari

Special CorrespondentThe Hindu dated 22-08-2008
http://www.hindu.com/2008/08/22/stories/2008082260190800.htm

CHENNAI: The Madras High Court on Thursday confirmed an order of the lower court acquitting former Tamil Nadu Ministers, Indira Kumari and P. Eswaramoorthy and 17 others in a case relating to “free chappal distribution scam”.

In his order dismissing an appeal by the Directorate of Vigilance and Anti-Corruption challenging the acquittal, Justice S.K. Krishnan said the order of acquittal by the trial court was fair and just. The trial court had given proper reasoning for acquittal.

The charge against the 19 was that there were various irregularities in the implementation of the scheme of distribution of free chappals for schoolchildren for 1993-1994. Though various cooperative societies received money for the supply of chappals, they did not supply the quantity ordered. The loss to the government due to non-supply of footwear with regard to the advance amounts received by the societies was to the tune of Rs.1.20 crore.

A Special Judge acquitted all the accused. Against this, the State preferred an appeal stating that though reliable evidence was submitted, the trial court had not appreciated the evidence fully and come to a correct conclusion.

Chief Minister’s statement will not prejudice case: Public Prosecutor

Staff Reporter   The Hindu dated 22-08-2008
http://www.hindu.com/2008/08/22/stories/2008082260200800.htm

MADURAI: The Chief Minister’s statement that there were no prima facie materials in a criminal case registered against Tourism Minister N. Suresh Rajan would not in any way prejudice the investigation, State Public Prosecutor Raja Elango told the Madras High Court on Thursday.

He made the submission before Justice T. Sudanthiram in the Madurai Bench of the High Court while opposing a criminal original petition filed by the complainant, a Special Deputy Collector in Kanyakumari district, to transfer the probe to the Central Bureau of Investigation.

The Public Prosecutor said the Chief Minister had issued the press statement on August 7 in a different context and hence it could not be cited as a ground to transfer the case from the State police. “It was released to explain the reasons for retaining the Minister in the Cabinet and nothing more,” he said.

To this, Mr. Justice Sudanthiram said the press statement might not be a major consideration in deciding the transfer petition. However, he asked the PP to take notice and reply to the allegations that not even a single witness, including the complainant, had been examined since the registration of the case.

The Judge adjourned the matter by two weeks to enable the prosecutor to obtain instructions from the police. Earlier, senior counsel P. Chellapandian, appearing for the petitioner, contended that the press statement was issued with an oblique motive of protecting the Minister.

Anand, Khan guilty in BMW expose case by 

Devesh K. Pandey The Hindu dated 22-08-2008
http://www.hindu.com/2008/08/22/stories/2008082261520100.htm

Photo: PTI

Lawyers I.U. Khan and R.K. Anand who have been convicted for contempt of court in the BMW case. NEW DELHI: The Delhi High Court on Thursday convicted senior lawyers R.K. Anand and I.U. Khan of contempt of court and obstructing administration of justice in the BMW hit-and-run case by trying to influence an eyewitness. The defence-prosecution nexus was exposed by NDTV in a sting operation over a year ago.

Holding the lawyers guilty, a Bench comprising Justices Manmohan Sarin and Madan B. Lokur said: “They are senior advocates and did not tender either conditional or unconditional apology for their conduct in the BMW case.”

Calling their behaviour “irresponsible,” the court, in its 112-page verdict, said: “They have forfeited their right to enjoy the honour conferred on them by this court of being designated as senior advocates.”

“Strip them of designation” It recommended that they be stripped of their designation and asked them not to appear in the High Court and lower courts for the next four months.

However, they could practise legal consultancy.

The Bench imposed a fine of Rs. 2,000 on each of them.

However, the court acquitted advocate Bhagwan Saini, associated with the BMW trial, of contempt charges cautioning him against indulging in malpractices.

In May last year, the court took suo motu cognisance of the matter following the telecast of the sting operation, which showed defence counsel Anand, in collusion with special public prosecutor Khan, discussing with eyewitness Sunil Kulkarni ways of bailing out Sanjeev Nanda, who had run over six people in January 1999.

The case, still pending in the lower court, is in its final stages.

The channel later submitted the edited and unedited footage of the sting operation in the court, which found it to be genuine. In the meantime, the special public prosecutor was changed.

A contempt of court case was also filed against Mr. Anand and Mr. Khan.

PTI adds:

The court refused to allow Mr. Anand’s plea that in fact it was NDTV which committed the contempt of court and interfered with the administration of justice by telecasting sting operation in a ‘sub judice’ matter.

“Given the facts of this case, we are of the view that this is not one of those rare and brazen cases where we should initiate suo-motu action against NDTV for contempt of court,” the bench said.

Pronouncing the rare decision, the bench asked Registrar General of the court to put its recommendations seeking to strip the contemnors of their designations as senior advocates before the Chief Justice within a month for consideration.

The court, while convicting Mr. Anand, considered his illustrious past as a Parliamentarian and Bar leader and said such conduct was not expected of him.

“He (Anand) has been an MP of the Rajya Sabha. That he should indulge in such practice may have taken many in legal fraternity by surprise,” it said.

Objecting to the order, the coordination committee of the All Bar Associations of Delhi has called a one-day strike in all lower courts in the city for Friday to protest against the High Court “usurping the powers of the Bar Council of Delhi in imposing a ban on the two senior lawyers for four months from practising in the High Court and all other subordinate courts and tribunals coming under the supervisory powers of the High Court.”

The committee decided to take appropriate steps for getting the order nullified by the Supreme Court.

Congress action Special Correspondent reports:

The Congress has initiated disciplinary action against Mr. Anand, former Rajya Sabha member of the party.

Briefing journalists, Congress spokesperson Jayanthi Natarajan said obstruction of justice was a serious charge. “We have taken note of it and referred the matter to the party’s Disciplinary Action Committee.”

Note: The above case, though not related to Dravidian polity, the pattern could be seen as to how the politically connected advocates and others could easily subvert the judicial processes. In Tamilnadu, there have been affected Judges, magistrates and advocates / lawyers by the politicians; their lives have been shattered; some have even committed suicide or whereabouts not known; the affected parties have been threatened to give or withdraw statements against themselves.

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