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1. [V. Senthilbalaji's Continuation In Cabinet On CM MK Stalin] While dealing with a bunch of pleas against continuation of V.Senthil Balaji as a Cabinet Minister of the State of Tamil Nadu consequent to his arrest and judicial custody, the Madras High Court observed that a Minister without portfolio is a constitutional travesty. While stating that the Chief Minister is the repository of the people's faith and political compulsion cannot outweigh the public morality, a division bench ordered that Chief Minister M.K. Stalin "may be well advised to take a decision about the continuance of V.Senthil Balaji (who is in judicial custody) as a Minister without Portfolio, which serves no purpose". The Enforcement Directorate (ED) arrested V.Senthil Balaji on June 14, 2023.
Bench: Chief Justice S.V. Gangapurwala and Justice P.D. Audikesavalu
Case Title: S.RAMACHANDRAN V. THE STATE OF TAMIL NADU AND OTHERS with connected matters
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2. [Defamation Case Against Union Minister L Murugan] The Madras High Court last week upheld the defamation case against Union Minister Dr. L Murugan by DMK's Murasoli Trust, ordering a swift three-month trial. Murugan is the former State President of the Bharatiya Janata Party and presently, he is the Minister of State in the Central Government. The allegations against Murugan were that he made defamatory statements when he attended a press meet on December 28, 2020 against Murasoli Trust, of which CM MK Stalin is one of the trustees. The Trust alleged that said statements were made with an ulterior motive to degrade and tarnish the reputation of the Trust in the eyes of the general public. Court dismissed Murugan's quash petition while directing the Assistant Sessions Judge/Additional Special Court for Trial of Cases related to Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Chennai to disposed of the concerned trial case within a period of three months from the date of receipt of a copy of the high court's order.
Bench: Justice N Anand Venkatesh
Case Title: Dr.L.Murugan v. Murasoli Trust
3. [Bailable Warrants Against Two IAS Officers] A single judge bench of the Madras High Court has recently issued bailable warrants against two IAS officers over their failure to appear in court in connection with a custodial torture case. Court further directed the Commissioner of Police, Chennai, to secure the presence of the two by next date of hearing before the Court. A dispense with petitions were filed as applications on behalf of the two officers, and the Senior Counsel appearing for them submitted before Court that they could not be present before the Court because they were having a meeting with a Minister. In this case, a 17-year-old boy who passed away as a result of alleged custodial torture by the Police.
Bench: Justice Battu Devanand
4. [Permission To Conduct Meeting] The Madras High Court recently observed that in a democratic setup, it is always possible that there will be divergent views regarding a belief or an ideology. It is not possible to compel everybody to follow the same ideology and a person is always entitled to have his reservations and opinions regarding an ideology, said the court. Court emphasised that "only if there is a dialogue, there is scope for evolution in the society". Court observed so while dealing with a writ petition filed challenging a rejection letter passed by the Inspector of Police (Law and Order), Poonamallee Police Station, Aavadi Police District, Chennai on the petitioner's application seeking permission to conduct a meeting at Rani Marriage Hall at Poonamallee. Petitioner Senthil Mallar had founded an organization and wanted to conduct a meeting of members of his organisation to address their views about Dravidian Ideologies. Court set aside the impugned rejection letter while directing the petitioner to make a fresh application to the Inspector of Police (Law and Order), Poonamallee Police Station, seeking for permission to conduct the meeting on November 1, 2023.
Case Title: Senthil Mallar v. The Commissioner of Police, Police Commissionerate, Avadi and Another
5. [Land Grabbing] The Madras High Court recently observed that at present it is witnessing large-scale exploitation of political power by certain politicians, especially in land-grabbing matters. Court said that using political power and influence to grab land from a powerless common man is nothing short of daylight robbery. The observations were made in a contempt petition filed by an old landlady whose property had earlier been illegally occupied by politically influential respondent and it took her 12 years to take back the possession. Court noted that it had taken 12 years for the senior landlady to vacate the respondent, an office bearer in the ruling political party (DMK), through the Court of Law with the assistance of the Police and still several years' rent was due. Therefore, taking note of the facts of the matter, and the submission of the petitioner's counsel that he will file a memo of calculation of arrears of rent due to the petitioner, court ordered the private respondent to appear in person or through his counsel before the court on the next date of hearing.
Bench: Justice SM Subramaniam
Case Title: R.Girija v. S.Ramalingam and Another
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