

Chennai
A statement issued by 17 advocates including N G R Prasad, Nalini Chidambaram, N R Ilango, Bader Sayeed R Shanmugasundaram and D Nagasaila on Friday said, “To describe a peaceful padayatra to honour Gandhi as an unlawful protest is an insult to the Mahatma.” The statement also noted that the padayatra was silent carrying tricolour and placards of preamble of the Constitution. The participants did not go anywhere near the HC building nor was there any disruption of the functioning of any court. The padayatra went around periphery and outside court campus.
“But repeated promulgation of orders under Sec 41 of the City Police Act, the state has prohibited the right to assembly and any democratic expression. For them to paint the participation of retired judges to pay homage to the Mahatma and his message as suspicious or undesirable deserves to be deprecated. On Thursday, citizens were prevented from assembling even at Gandhi Mandapam at Chennai and some were detained,” the statement said. It is highly condemnable for the police now to cast a cloud over a nonpartisan padayatra taken to remember the Mahatma.
Meanwhile, the three retired judges -- Justices K Kannan, G M Akbar Ali and D Hari Paranthaman -- leading a peace march for unity within the HC campus has led to the first bench comprising Chief Justice A P Sahi and Justice Subramonium Prasad taking strong exception to the same as a ‘unfortunate incident’ and directed security committee to review security arrangements presently in place at the HC.
The first bench made the observation on recording a letter written by the Deputy Commissioner of Police, High Court Security to the Registrar General about the senior counsels and retired judges undertaking the procession, despite being stopped and advised for their activities.
Holding that the gravity of the said incident puts on guard the entire judicial system, as this may have a large impact on the future security measures required to be undertaken by the HC, the bench said, “The incident requires an immediate concern to be taken up on the administrative side and we, therefore request the security committee of the HC to take up the matter urgently along with its suggestions and report the matter back for appropriate action on the judicial side or otherwise.”
The bench also recorded the submissions made by Additional Solicitor General (ASG) of India G Rajagopalan and Advocate General (AG) Vijay Narayan. The latter submitted that there are around 500 chambers of lawyers. In order to facilitate the entry of clients, who may not have their cases fixed on a particular date, some adjustments have to be made, as such lawyers who do not have any separate offices, run their profession through HC chambers.
The AG also contended that finances for CISF deployment are being borne for the time being by the State government. Therefore, a long term or a permanent nature of arrangement may require a coordinated deployment and resolution of financial matters, so that this system may be made available on a permanent basis in the HC, he said.
But ASG informed that measures undertaken by CISF are not being standarised on account of two zones of operation on the HC premises itself. Noting that the lack of coordination may be a cause of concern in the future, he submitted that operational systems to be followed must be synchronised in a manner that the security of the entire premises have to be standardised.
He also submitted that in the absence of any certainty, the CISF is facing certain deployment concerns, including posting of soldiers and officers on a permanent basis. Hence, this uncertainty should be cleared to ensure that the system is run on a permanent basis instead of a temporary arrangement, he added.
Based on this, the bench directed the security committee to deliberate upon these issues and coordinate with the DGP as well as high-ranking officials of the CISF for evolving concrete suggestion in order to crystallise the security arrangements preferably on a permanent basis. The matter is scheduled to be taken up for further hearing to March 2.
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