#seekingjustice Archives

29 Nov

Right To Protest Peacefully Significant Feature of A Democratic Country’: Madras High Court Quashes Proceedings Against Teachers.

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Right To Protest Peacefully Significant Feature of A Democratic Country’: Madras High Court Quashes Proceedings Against Teachers.

Title : J.Jayaraj v. The Chief Educational Officer

Case No. : W.P.(MD)Nos.13409 to 13415 of 2022

CORAM : THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Decided on : 17.11.2023

Introduction

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records relating to impugned proceedings order in Na.Ka.No. 2469/A3/2022 dated 06.06.2022 of the second respondent herein and quash the same.

Fact of the Case

The petitioners are Secondary Grade Teachers working in various Panchayat Primary Union and Middle Schools in various Unions of Karur District. All of them are members of the Tamil Nadu Primary School Teachers Federation bearing Registration No.60/2009. One Thiru.J.Jeyaraj/petitioner in W.P.(MD)No.13409 of 2022 is the District Secretary of the Tamil Nadu Primary School Teachers Federation (herein after referred to as ‘Teachers Federation’). The object of formation of the said Teachers Federation is to work for the welfare of the Teachers and to ventilate the grievance of the Teachers working across the State by maintaining the cordial relationship between the Education Authorities, State and Teachers.

Case Analysis and Judgment

In the instant case, a group of 70 Teachers who are members of the Teacher’s Federation having properly represented to the respondents who are theOfficers of the Educational Department, Karur District bringing to their notice the illegal/irregular suspension of one of the member Thiru.

Suspended the petitioners from the date of agitation on 11.04.2022 and reinstated the petitioners back to service on the intervention of said Teachers Federation on 06.06.2022, the second respondent ought not to have visited the petitioners with the impugned charge memos dated 06.06.2022 under Rule 17(b) of Tamil Civil Service (Discipline and Appeal) Rules, 1955. The reason is simple that the petitioners who have ventilated their grievances by organizing an agitation lawfully as against the respondents should not be punished by the issuance of impugned charge memos and allegations set forth by the impugned charge memos has emanated from lapse of application of mind of the respondents and not covered by the various guidelines framed by the Government of Tamil Nadu as discussed supra.

https://www.livelaw.in/pdf_upload/j-jayaraj-v-chief-educational-officer-506496-506653.pdf

27 Nov

Madras High Court regarding the issue Person in Unauthorised Occupation Of Land Cannot Claim Protection Under Article 19, 21 If Eviction As Per Law.

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Madras High Court regarding the issue Person in Unauthorised Occupation Of Land Cannot Claim Protection Under Article 19, 21 If Eviction As Per Law.

Title : Gunasekaran v. State of Tamil Nadu

Case No. : W.P.No.3002 of 2018

CORAM : THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

Decided on : 23.11.2023.

Introduction

The petitioner seeks declaration that Section 6 of the Tamil Nadu Land Encroachment Act, 1905 [for brevity, “the Act of 1905”] is void and violates Articles 14, 19(1)(e) and 21 of the Constitution of India.

Fact of the Case

Mr.M.Elango, learned counsel for the petitioner, submits that Section 6 of the Act of 1905 is arbitrary, discriminatory and unreasonable. Right to shelter is a fundamental right under Article 21 of the Constitution of India. The impugned Section 6 of the Act of 1905 takes away the right of residence of the petitioner and other persons. Learned counsel for the petitioner submits that by virtue of the operation of Article 13 of the Constitution of India, the impugned Section 6 of the Act of 1905 is deemed to be void. The Act of 1905 is a pre-constitutional Act and is not in conformity with the fundamental rights guaranteed under Part III of the Constitution of India. The Governor has not granted any approval to the Act of 1905 after the Constitution came into force.

Case Analysis and Judgment

Once the Constitution Bench of the Apex Court has upheld the constitutional validity of the Act of 1905, and more particularly the same provision assailed by the petitioner, it will not be permissible to again consider the challenge to the same. The petitioner could not remotely show a semblance of right over the subject writ property. The procedure has been followed while evicting the petitioner. In the light of the above, the writ petition deserves to be dismissed and is hereby dismissed. There will be no order as to costs. Consequently, W.M.P.No.3670 of 2018 is closed.

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Written by Nimisha Sunny

20 Nov

High Court of Madras decision on the order in of the case dated 05.01.2023 passed by the Sessions Court for Exclusive Trial of Bomb Blast Cases.

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High Court of Madras decision on the order in of the case dated 05.01.2023 passed by the Sessions Court for Exclusive Trial of Bomb Blast Cases.

Title : Mohamed Irfan v. Union of India

Case No. : C.A No.340 of 2023

CORAM : THE HONOURABLE MR. JUSTICE S.S.SUNDAR AND MR. JUSTICE SUNDER MOHAN

Decided on : 09.11.2023.

Introduction

The captioned appeal has been preferred by the petitioner, challenging the order in Crl.M.P.No.718 of 2022 dated 05.01.2023 passed by the Sessions Court for Exclusive Trial of Bomb Blast Cases, Chennai, at Poonamalle, Chennai – 600 056, dismissing bail application.

Fact of the Case

According to the prosecution one Sathick Batcha (A1) was a prime accused in Mayiladuthurai, P.S. Crime No.1601/2020 and 164/2022. On specific information that he was in possession of arms and weapons, a special police team on 21.02.2022, at about 10.00 hours, intercepted a black colour Mahindra Scorpio bearing Reg.No.TN OF IL-1446 at Nidur – Mayiladuthurai Railway gate travelling from Nidur to Mayiladuthurai. The appellant and the other accused were found in the car. A case in Cr.No.165/2022 was registered on the file of Mayiladuthurai Police Station for the offence under Sections 148 and 506 (ii) IPC r/w Section 28 of the Arms Act, 1959. All the accused were arrested. One laptop with adapter, one stainless steel hand-cuff, one I-Phone, one OPPO Phone, one power bank, one V8 video shooting pen, one GITE Wireless router, one hard disk, one metal air gun, a small box containing pellets and a Mahindra Scorpio with registration TN-07-BL-1446 were seized from the accused.

Case Analysis and Judgment

The appellant shall execute a bond and furnish two sureties for a likesum of Rs.50,000/- [Rupees Fifty Thousand only] each and one of the sureties should be a blood relative to the satisfaction of the learned Judge, Special Court under the National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases) Chennai at Poonamallee, Chennai – 600 056. After coming out from jail, the appellant shall stay at Chennai and shall not leave the Chennai city without the permission of the trial court.

The appellant shall surrender his Passport (if any) before the trial court and if he does not hold a passport, he shall file an affidavit to that effect in the form that may be prescribed by the trial court. In the latter case the trial court will if he has reason to doubt the accuracy of the statement, write to the Passport Officer concerned to verify the statement and the Passport Officer shall verify his record and send a reply within three weeks. If he fails to reply within the said period, the trial court will be entitled to act on the statement of the appellant.

Written by- Nimisha Sunny

15 Nov

The Supreme Court decision on the appellant finding guilty for the commission of offences punishable under Sections 148, 302 read with Section 149.

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The Supreme Court decision on the appellant finding guilty for the commission of offences punishable under Sections 148, 302 read with Section 149.

Title : BALARAM v. STATE OF MADHYA PRADESH

Case no. : C .A No. 2300/2009

CORAM : Hon’ble Justice Chandrachud

Date : 8 Nov 2023

Introduction

This appeal challenges the judgment and order passed by the Division Bench of the High Court of Madhya Pradesh at Jabalpur, Bench Gwalior in Criminal Appeal No.276 of 1995 thereby dismissing the appeal filed by the present appellant as well as Rameshwar (since deceased) and confirming the judgment and order passed by the learned Special Judge and Second Additional Sessions Judge, Bhind passed in Sessions Trial No.70 of 1984.

Fact of the Case

The prosecution case that Rameshwar (since deceased), appellant-Balaram, Uma Charan and Munna had come there after ten minutes of stopping of the cart, accused-Rameshwar fired the first shot and it hit Ashok in his chest. Thereafter, another shot was fired by accused Uma Charan, which hit Ashok as a result of firing, Ashok had become unconscious and was brought to Mau on cart. Pannalal reported the in the arms and thereafter, the third shot was fired which hit Ramkali (PW.5) in her right thigh. incident to the police based on which an FIR came to be lodged initially for an offence punishable under Section 307 of the Indian Penal Code (for short ‘IPC’). Following the death of Ashok, the case was converted to one under Section 302 of the IPC.

Judgment and Analysis

Shri Chandrachud submits that, on the basis of evidence, the learned Trial Judge has acquitted four accused persons. He further submits that, though the evidence of PW.5-Ramkali and PW.6-Mulchand has specifically attributed a gunshot to Uma Charan, their evidence has been disbelieved insofar as Uma Charan is concerned. However, on the basis of the very same evidence, the appellant-Balaram has been convicted. It is submitted that, from the testimony of the other witnesses it would be clear that the appellant-Balaram was not even present at the spot and he has been falsely implicated.

The order of conviction and sentence as recorded by the learned Special Judge and Second Additional Sessions Judge, Bhind and the order of the High Court are quashed and set aside. The appellant is acquitted of the charges charged with. He is directed to be set at liberty forthwith, if his detention is not required in any other case.

Written by Nimisha Sunny