College Teacher’s Apology Not Enough to Dismiss Criminal Charges: Madras High Court.
The Madras High Court ruled yesterday that a criminal case against a college teacher in Chennai cannot be quashed, stating that teacher protests on college campuses are a serious concern that cannot be encouraged.
A letter of apology from the petitioner-teacher was rejected by Justice G Jayachandran in an order dated June 13, and further stated that the criminal case against him could not be quashed. The petitioner, having resorted to violent protests within the college grounds, cannot circumvent judicial procedures by simply providing a letter of apology, the High Court further stated.
“An affidavit of apology cannot be entertained to quash the prosecution launched for offence of this kind. Criminal Procedure Code provides for bargain, or plead guilty or compound. Bye-passing the procedures and quashing criminal prosecution, by obtaining apology letter for an act of violence inside the college campus by the teaching staff is not in the interest of justice. Hence, quash petition is dismissed,” the Court stated.
Following a complaint filed by the interim administrator of the Trust, a retired High Court judge, in 2019, T.V. Swaminathan (Petitioner) and a number of other teaching and non-teaching staff members were arrested by the city police. According to the complaint, when the college committee meeting was scheduled to take place on campus, the petitioner and other participants organized protests. The temporary administrator, who was appointed by the High Court for streamlining the administration of the Trust-run institute, was to preside over the meeting. The petitioner is free to appear before the trial court to request relief by “either resorting to plea bargain or by compounding,” according to Justice Jayachandran.
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Written By – Gnaneswarran Beemarao