Lawfully yours: By Retired Justice K Chandru | No sitting judge can forestall action by initiating contempt against complainant
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in
Retd Justice K Chandru
No sitting judge can forestall action by initiating contempt against complainant
The issue of Madurai-based human rights advocate Vanchinathan raising a complaint against a sitting Madras High Court judge is becoming increasingly intriguing day by day. The judge concerned is said to have initiated contempt of court proceedings against the advocate who appealed to the top court against him. Does the Constitution allow such contempt of court action against a complainant who is also an advocate? Can a judge accused of partisanship bring contempt of court proceedings against the complainant? Will it fall under the category of conflict of interest?
— N Ranganayaki, Mandaiveli, Chennai
In case of a complaint against any judge of the higher judiciary, a specific complaint will have to be sent to the Chief Justice of India (alone). If the CJI finds some substance in it, he may constitute an "in-house procedure" to look into those allegations. If the committee's report finds a prima facie, then the CJI will take appropriate action based on the report. No other course is open to anyone. This was formalised following the 1995 Supreme Court ruling in the case of C Ravichandran Iyer vs Justice AM Bhattacharjee.
Hence, no sitting judge can forestall that action by initiating contempt against any complainant. Hope good sense will prevail upon the division bench, which had initiated such an action.
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State selling IMFL morally problematic, bringing in toddy will exacerbate issue
The Union government has signed a treaty with the UK government by which toddy from Kerala will find shelf space in British stores. However, the neighbouring state of Tamil Nadu is still adamant about continuing its ban on tapping toddy. The farmers in Tamil Nadu have long been agitating, demanding that they be allowed to tap toddy, but the government is turning a blind eye to their demands despite recurring hooch tragedies and court observations. Can Centre's commercial push of the beverage be used legally to make the TN government soften its stance?
-- Perumalsamy, Pollachi
The action of the State undertaking in selling Indian Made Foreign Liquor (IMFL) is no answer for touting another alcoholic drink. The statement that farmers are affected is far from the truth.
Our stand should be that no alcohol should be sold by the State, and that we should not allow one more variety to enter the market. That such a demand is made in the name of farmers, or claiming that toddy is organic, are gameplans by another lobby to enter the market to intoxicate the people more.
