bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan

Live law

The Madras High Court has rejected a plea filed by the commissioner of police for vacating an interim order of the court constituting a one-man commission headed by retired high court judge Justice V Parthiban to probe into allegations of police violence during the detention of lawyers and law students who took part in the protest organised by the sanitation workers of Greater Chennai Corporation.

The bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan refused to extend an interim order of another division bench, which had kept inabeyance the interim order. The court said that the commission could proceed with the enquiry, and any materials that the state had could be placed before the commission.

When the Additional Advocate General requested that the commission be manned by a retired judge from outside the state and not Justice V Parthiban as per the order of the court, the bench took exception to the request and said that the appointments made by the court should not be questioned without any material.

“How can you say this Mr Counsel. You cannot question our wisdom in appointing the judge. We won’t let there be any question marks. Unless you have any materials, you cannot question the appointment,” the court said.

Background

On 13th August, the Madras High Court bench headed by Chief Justice Manindra Mohan Shrivastava had directed the State to take action to remove the protesting sanitary workers, who had been protesting in front of the Rippon Building for almost 12 days. The bench had noted that proper permission had not been obtained for the protest and thus asked the protestors to conduct the protest after taking due permission, not causing any inconvenience to the public.

Following this, on the night of 13th August, when the police tried to remove the protestors, it led to an altercation between the police and the lawyers and law students who had joined the protestors. Following this the lawyers and law students, along with protestors were detained by the police. The present habeas corpus petition was filed challenging the detention.

In an interim order, the court had directed the 4 lawyers and 2 law students to be released, after noting that their detention was prima facie unlawful.

While hearing the pleas, since allegations of excess violence was raised by both the side, the court ordered the appointment of a one-man commission stating that an independent inquiry was necessary to unfold the real fact.

Following this, the commissioner had filed an application before the bench of Justice J Nisha Banu and Justice S Sounthar, which was holding the portfolio for habeas corpus cases at the time. The bench had kept the order in abeyance.

Meanwhile, a group of women sanitation workers had filed another petition to hold an enquiry into the events that took place from the midnight of 13th August to 14th August and to direct the Tamil Nadu State Commission for Women to constitute a committee to enquire into the allegations of sexual harassment meted out to the sanitation workers.

When the above plea came up before the bench headed by the Chief Justice, the court had orderd the earlier habeas corpus plea to be tagged with the present plea. Following this, both pleas were taken up by the court today.

Additional Advocate General J Ravindran argued that none of the parties had sought relief for constituting a committee, and the state was not given an opportunity to oppose the same.

The bench, however, questioned the filing of an application for vacating the interim stay. The court remarked that the state should have sought for modification of the order or filed a revision petition. When the State opposed the constitution of the commission, the court orally remarked that the State should not be scared if there were no irregularities.

Case Title: K Jothi and Others v. The Secretary to Government and Others

Case No: WP 34503 of 2025 and HCP 1599/2025