Mhc Advt Maharaja Advt: MILSTONES IN MY CAREER – 3 –may 20th – HISTORY OF FIRST VIDEO CONFERENCING REMAND —super click blue colour link and read full story interesting
S. MAHESHWARI
Vs.
STATE OF TAMILNADU
(WRIT PETITION FILED UNDER ARTICLE 226 OF THE CONSTITUTION)
MADURAI BENCH OF MADRAS HIGH COURT
JUSTICE M. CHOKALINGAM
The Valliyur Police on Instruction from the S.P. of Tirunelveli forcefully arrested one Shanmuga Pandi and his brother (for an offence of Murder) or more specifically arrested him at point blank range and took him into custody. The wife of the detenue pleaded with the officials to see her husband but they refused. He was produced before the JM for Remand and the next day when he was taken to the Palayamkottai Prison, the Jailor refused to take them owing to the serious injuries sustained by him.
The detenue and his brother were asked to be taken to the Government Hospital for preliminary treatment. But the Police Officials on instruction from their superiors took him to Palayamkottai Govt Hospital and later by midnight transferred him to Madurai Govt Hospital.
During the same time, IG Kannappan and S.P. Asra Garg I.P.S formed a team with Maheshwaran IOP and Srinivasan SIOP (Special Encounter Team) as the key officers and planned to stage a Fake Encounter and eliminate the detenue. To execute this they orchestrated a plan which included the detenue to be shifted from Madurai Govt Hospital to the Judicial Magistrate’s Court, Valiyoor for remand and during the transit to ENCOUNTER HIM.
At that point of time several News Journals printed the alleged encounter plans of the Police.
I was contacted by the wife of the Detenue Ms. Maheshwari and she narrated the entire facts to m. I immediately moved a Writ before the Madurai Bench of Madras High Court and the same was taken up by Hon’ble Mr. Justice M. Chokalingam. The apprehension of the Petitioner as well as the Encounter Plans of the Police were clearly established and it was argued by me that the State has to take full responsibility incase of any untoward incident happens to the Detenue. Satisfied with my arguments, his Lordship immediately called for the Registrar and enquired whether there was any possibility of effectuating the remand through Video Conference (in order to avoid the transit drama as well as the encounter plan).
At that point of time there was no Video Conferencing facility in Vallioor Court and it was brought to the knowledge of the Court that only Judicial Magistrate’s Court. No: III at Tirunelvelli had video conferencing facility. Therefore his Lordship immediately passed an order directing the Police to produce the detenue before the Judicial Magistrate’s Court. No: III at Tirunelvelli and order was passed that the accused need not be taken to Judicial Magistrate’s Court at Tirunellveli from Central Prison Madurai for Remand extension under Sec167()(b) Cr.P.C. Instead the remand extension should be made by video conference.
Thus the stratagem of the Police to stage an Encounter was effectively stopped and this case paved the way for the use of Video Conference technology in various District Courts.
The use of these technologies are no doubt a boon to many of the Advocates and litigants during the present crisis situation and reminiscing about the first time when this technology was used in the past (almost 10 years back) brings great happiness to me.
I would also like to thank my Senior Mr. Rupert Barnabas for his assistance and guidance in handling this case.
[5/20, 10:00] Sekarreporter 1: 🍁
