Orders reserved on expunging PSJ remarks

By Our Staff Reporter

CHENNAI, AUG. 7. Mr. Justice Malai. Subramanian of the Madras High Court, today reserved orders on the Government's appeal seeking to expunge certain remarks made by the Principal Sessions Judge, Mr. S. Ashok Kumar, while granting bail to the accused in the `mini-fly-over scam case' on July 6.

The Government moved the High Court on July 9 with the contention that the Judge had exceeded his jurisdiction, going into the merits of the case and recording the statements of the complainant, Mr. J. T. Acharyulu, and the Investigating Officer, Mr. Padmanabhan of the CB-CID. The High Court called for the remarks of Mr. Ashok Kumar on July 12 regarding these impugned observations.

When the matter came up today, Mr. Justice Malai. Subramanian, conceding that judges had every right to put any question and elicit any answer, wondered whether it was right for the PSJ to record the statements of the officials concerned, that too while dealing with bail matters.

In his view, it is for the prosecution to supply evidence in case the judge comes out with some doubts. If the prosecution expresses its inability and no evidence is forthcoming, the judge is at liberty to release the accused, he said.

One of the counsels for the respondents, Mr. Shanmugasundaram, said the PSJ was well within his rights when he obtained and recorded the statements of the complainant and the investigating officer.

Another defence counsel, Mr. S. Ramasamy, said in the absence of any disparaging remarks which could directly affect the case, plea for expunging of remarks should not be granted.

The Advocate-General, Mr. N. R. Chandran, said magistrates were not to record even confession or statements made by the accused in the court.

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