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Hc Cj and spj SC st case order

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[2/27, 18:01] Sekarreporter 1: W.P(MD)No.8172 of 2008
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.02.2020
CORAM:
THE HONOURABLE MR. A.P.SAHI, CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.(MD)No.8172 of 2008
and
M.P.(MD)No.1 of 2008
Mallika : Petitioner
Vs.
1.Union of India
Represented by its
Secretary to Government
Ministry of Law,
New Delhi.
2.The State of Tamil Nadu
represented by its
Secretary to Government,
Home Department,
Chennai – 600 009. : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of declaration to declare the term “Senior” as found in Rule
4(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Rules, 1995 as null and void and unworkable as per the object of the
special enactment namely, the Scheduled Caste and Scheduled Tribe
(Prevention of Atrocities) Act, 1989.
1/36 http://www.judis.nic.in
[2/27, 18:02] Sekarreporter 1: W.P(MD)No.8172 of 2008
For Petitioner : Mr.C.K.Chandrasekar
For Respondent No.1 : Mr.P.Paulpandi
For Respondent No.2 : Mr.V.R.Shanmuganathan
Special Government Pleader

ORDER

[Order of the Court was made by
The Hon’ble Chief Justice]
The writ petition raises a question of vital importance pertaining
to legal assistance being provided in a matter arising out of the Prevention
of Atrocities of Scheduled Caste and Scheduled Tribe as to the level of
competence of a lawyer to be engaged for conducting a case on behalf of
the prosecution so as to protect, not only the sanctity of the procedure,
but also to ensure that justice is ultimately meted out to the victim. It is
in this background and keeping in view the provisions that are involved
and are called upon for interpretation in the present proceedings, that
have impelled us to entertain this petition. In spite of a considerable lapse
of time and realising the importance of the issue, we had passed the
following order on 24.02.2020:
“We have heard learned counsel for petitioner and learned
counsel for Union of India as well as the State of Tamil
Nadu.

  1. This matter, even though ought to have been taken up
    much earlier, having been filed in the year 2008, and it
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    [2/27, 18:02] Sekarreporter 1: W.P(MD)No.8172 of 2008
    otherwise not influenced either way while conducting the trial. The
    parameters, therefore, have to rest on expert as well as ethical
    considerations with emphasis on an effective engagement of a Lawyer who
    is dedicated towards the cause and not merely his professional placement.
  2. We cannot issue exhaustive guidelines for the said purpose
    but the aforesaid recommendations can further be streamlined while
    laying down parameters to be observed by District Magistrate and for that
    we direct the State Government to frame appropriate guidelines within a
    period of one month from today and execute the same for being followed
    by the respective District Magistrates, while exercising their powers for
    engaging eminent Senior Advocates for the special purpose of trial under
    the Scheduled Caste and Scheduled Tribe Act and 1995 Rules.
  3. Writ Petition is disposed of with the above. However, there is
    no order as to costs. Consequently, connected M.P.No.1 of 2008 is closed.
    [A.P.S.,CJ.,] [S.P.,J.]
    25.02.2020
    Index : Yes/No
    Internet : Yes
    RR/sasi
    34/36 http://www.judis.nic.in

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