Southern States - Tamil Nadu

Contempt proceedings dropped

By Our Staff Reporter

CHENNAI JUNE 4. The First Bench of the Madras High Court today ``reluctantly'' dropped the suo motu contempt of court proceedings initiated against The Hindu and the Deccan Herald for publishing reports on the judicial transfers in the State on April 6.

The Chief Justice, B. Subhashan Reddy, sharing the dais with Justice D. Murugesan, said ``the case deserved the maximum punishment of six months imprisonment and Rs. 2,000 fine. But it is the presence of the eminent senior advocates that has saved the day for the clients.

``We are very reluctantly dropping the contempt proceedings. It is not a question of anguish. The question is about the propriety, dignity and the status of the judiciary. Can anybody publish anything like this and then say we are sorry?'' he said before discharging all the respondents from the two cases.

Referring to other similar contempt matters taken up by the court, he said ``we hold the Press in high esteem. But it cannot go on like this. They will get away with the impression that contempt can be caused and then an apology can be published. It has become a habit in Tamil Nadu. This is the fifth incident or so after I came (to Madras High Court as Chief Justice).''

He also went on to say ``we must protect the institution. Damage has been caused, and the act now is for restoring the dignity of the court. What are we conveying to the rural masses when we say `Jayalalithaa shunts judges hearing her cases?' Shall we understand that your clients are so innocent that they do not understand the separation of powers (vested with the judiciary and the Government)? The Government has absolutely no say in the transfer process.

``Article 225 of the Constitution has given us powers to both transfer and take disciplinary action against subordinate judicial officers. A transfer policy has been framed setting norms for every general transfer.''

Noting that there were three committees of High Court Judges to handle the transfers of District Judges, Sub-Judges and Magistrates, he said it was unfortunate that the April 4 transfer of judicial officers had been criticised by the Press media.

A copy of the formal order will be made available only on Wednesday.

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