Comply with orders of the court in letter and spirit, HC tells govt officials

CHENNAI: The Madras High Court has made it clear that the Chief Secretary of Tamil Nadu and the Director-General of Police should comply with the directions of the court in letter and spirit within the time stipulated. The court also ordered the officials to send circulars to department officials to comply with court orders. The court noted that several contempt pleas against departments are pending before it and made the observation.

The court passed the directions on the appeal plea moved by one V Kumaran alleging that a false case was registered against him in 2008 under various sections of IPC. Also, a departmental enquiry against him was initiated that led to him being terminated from service in 2009. Kumaran then moved an appeal in 2009 before the Commissioner of Police and the same is pending to date. Meanwhile, the Fast Track Mahila Court, Tiruvallur in 2019, acquitted Kumaran from all charges.

The State also did not move an appeal challenging the judgement of the court. However, despite the acquittal order, the State police department failed to consider his appeal. Aggrieved, Kumaran moved the court. Justice S Vaidyanathan after recording the submissions in his order directed the police department to consider the appeal moved by V Kumaran in 2019 within two months.

Stressing that a number of contempt pleas have been pending in the court for several years, Justice Vaidhyanathan said, “Of late, it is noticed that several orders of this court, issuing directions to dispose of the representation/ appeal, have not been complied within the time prescribed by this court and the authorities are sleeping over the matters, as a result of which, many contempt petitions are pending.” “....in several cases involvi n g heinous of fences, chargesheets have not been laid even after registration of FIRs long back, as a result of which, the accused are allowed to wander freely in the society,” he added.

“The Chief Secretary of Tamil Nadu is directed to send a circular along with a copy of this order to all IAS Officers, including those who are holding posts in Corporation, CMDA, Housing, Panchayat, Municipality, etc., to the effect that in case of any direction issued by this Court to dispose of the representation/appeal, it should be complied with in letter and spirit within the time stipulated by this Court, and, shall not create a situation for contempt to be filed to comply with the orders. Similarly, the DGP is also directed to send such a circular to all his Subordinates on or before March 15,” ordered the judge.