From Justice T.SUDANTHIRAM To Sekar Reporter. An Analysis. A judgment was delivered on 10.12.2021 by Division Bench of Madras High Count consisting Mr. Justice PN Prekash and Mrs. Justice R. Hemalatha in Suo Motto Contempt Petition No. 617 of 2019 and Cal. O.P. NO. 19007 of 20019.

[12/11, 11:23] Sekarreporter 1: From

Justice T.SUDANTHIRAM

To Sekar Reporter.

An Analysis.

A judgment was delivered on 10.12.2021 by Division Bench of Madras High Count consisting Mr. Justice PN Prekash and Mrs. Justice R. Hemalatha in Suo Motto Contempt Petition No. 617 of 2019 and Cal. O.P. NO. 19007 of 20019.

This is most important judgment revealing how judiciary functions taking care and pain, extending its arms to save innocent persons. from the network of poweful authorities.

to appreciate Mr. Justice S.M. Subramaniam who initiated Suo-motto contempt proceedings against high police official, am which resulted now. bringing. out & hom police official acted in a wrong manner.

The judgment rendered by the Division Berch affixed a Black Mark and had brought a disreputation to the police. The Hon’ble High Court convicted Tamilnadu
[12/11, 11:52] Sekarreporter 1: Uniformed Services Recruitment Board for Criminal contempt. The Chairman of the Board is D.G.P. and Member Secretary. is I. G of Police. Though the Board is convicted, the Member Secretary

Mr. N.K. Senthamarai Kanan against whom contempt notice was issued was exonerated by giving benefit of doubt only after observing that the role played by him is not entirely free from doubt. Board has no mensrea. If so whose criminal act has lead to the conviction of Board. It is also finding of the court that an affidavit filed by Member Secretary before the High Court is contradictory to the statement given by him under Section 161 crl P.c. to c.C.B. police. It is observed. that ” action. We are unable to take perjury against M. Senthamarai Kannan IPS. because a false statement in a police statement recorded u/s 161 (3) C^.P.C. can not form the basis of perjury unlike a statement recorded. by a Magistrate u/s 164 b₁.P.C.
[12/11, 11:54] Sekarreporter 1: C.C.B. police filed a final report against Mr. Vijayakumar and Mr. Murthy for cheating and falsification of documents.as if individual. persons. are liable and not police official, but but by this judgment, the criminal proceedings. against those individuals had been quashed. The Count accepted the version of Vijayakuman observing impecable materials had been produced by him to to prove his alibi. The Hon’ble High Court also directed the State Govt. Rs. 10 lakhs as compensation to Mr. Vijayakumar as he was in duress for his no fault.
It was observed in the judgment. in respect of two tett letters dt 27.2.2019 and 28.2.2019 alleged to have been given. by Board to vijayakumar that,

We are sure that who had fabricated. the two letters dt 27.2.2019 and 282.2019 would come to light if any one of the officers of the Board involved in this process, is taken to police custody and “interrogated.”
[12/11, 11:57] Sekarreporter 1: -4.

According to Senior Counsel who appeared for Vijayakumar, the signatures. of Vijayakumar were obtained while he was in police custody and as such the fairness of Investigating officer comes. into question .

Ultimately by this judgment of Hon’ble High Count, though the reputation of police in general is affected, no police officer individually who had mensrea at-fault or responsible is affected.

Now the question is whether the State Gove will take any step to find out the truth and who. are all personally liable and the compensation amount to be paid to Mr. Vijayaraghevan by Govt, will be retrieved from the officials who are responsible or liable for the wrongful act. Whether Commission. of Inquiry any.will be appointed