The Madurai Bench of the Madras High Court on Wednesday expunged certain remarks made against the then Madurai Collector Anshul Mishra and Special Public Prosecutors in an order passed by the Judicial Magistrate, Melur, pertaining to the PRP Granite Exports case.
Justice B. Pugalendhi set aside the orders passed by the Judicial Magistrate, including the acquittal of P. Palanisamy and two others. The matter was remitted back to the Special Court constituted under Mines and Mineral (Development and Regulation) Act to examine and decide the issue on merits.
Pointing out that advocates in the case had indulged in delaying tactics in arguing the case before the court, the judge observed, “The advocates, before throwing mud on the judge, must realise that by doing so they are attacking themselves and the institution. As a judge and an advocate, we command certain respect and privileges in the society and the same are derived from this institution and its judgements.”
The court was hearing a batch of petitions, including the one filed by Mr. Mishra who sought relief to expunge certain observations made by the Judicial Magistrate against him. The Judicial Magistrate had recorded the remarks after dismissing the complaints filed by the Collector against the granite firm for non-appearance before the Magistrate.
The then Collector, on receipt of complaints regarding illegal mining, transportation and storage of minerals in Madurai formed a special team to conduct inspection. The team, in its report, submitted that there were several illegal quarry operations. Based on it, the Collector had filed the complaint before the Melur Judicial Magistrate.
Mr.Mishra had said the complaints were presented to him on July 4, 2013 and he approved the note to be filed before the Judicial Magistrate. The papers were handed over to the Special Public Prosecutor and the complaint was presented before the Court on July 18, and by then he was transferred and posted as Joint Commissioner of Commercial Tax.
The Judicial Magistrate dismissed the complaints and made certain observations against the petitioner and the Special Public Prosecutor that the complaints were filed ante-dated and they had committed an offence. The Judicial Magistrate also acquitted the three persons in the case pertaining to illegal quarrying.