HC pulls up govt for ACP’s affidavit

Chennai: The state government’s attempt to explain the November 12 Law College campus clash by suspending an assistant commissioner of police backfired on Tuesday, with the Madras high court describing it as an “affront to the court.” Wondering as to how a suspended official could file counter-affidavits on behalf of the police and the state government, the first bench comprising Chief Justice A K Ganguly and justice F M Ibrahim Kalifulla said: “If this is the attitude of the government, we do not expect anything better from the students.” The judges sought to know if the suspension of the official was an “eyewash,” adding, “if he is honest and upright, and he is the only person to represent the government in court, then you should not have suspended him.” When government pleader J Raja Kalifulla said the new commissioner of police had assumed charge only a couple of days ago, the bench asked: “Is the commissioner of police so busy that he cannot file a reply before the high court?” The bench repeatedly asked the government pleader how the government could allow the suspended official to file a counter on its behalf. When the pleader said the assistant commissioner had filed it in his personal capacity, the bench shot back: “No, no. It is the government’s version, and the version of the police. There is nothing personal about this.” Disapproving of the faux pas, the bench said, “we are not here to tolerate this. You have placed him under suspension because he failed to discharge his duty. Now you are making the same person file an affidavit. It is unthinkable. This is going from bad to worse. We cannot appreciate this kind of attitude of the government.” Faced with a volley of queries, the government pleader then offered to withdraw the counter-affidavit filed by the assistant commissioner. Permitting him to do so, the bench asked the government to file a counter on behalf of the commissioner of police on November 20. It also impleaded the director of legal studies and the vice-chancellor of the Tamil Nadu Dr Ambedkar Law University and the principal of the Dr Ambedkar Government Law College here. These authorities too shall file their counter on November 20. The fact that the counter had been filed by G Narayanamoorthy, who was the suspended assistant commissioner of the High Court Range, was brought to the notice of the court by senior counsel Sriram Panchu, who appeared on behalf of a group of six advocates. These advocates wanted the court to take stern action against the police officials who had failed to rein in the rampaging students on November 12, and wanted the court to constitute a committee to go into the issue and file a report. Another public interest writ petition was filed by advocate K Balu, president of the Advocates Forum for Social Justice. In his withdrawn counter, Narayanamoorthy blamed it on the college principal who was “adamant in not allowing police to intervene.” He said that if the police had used any force against the students, they would have been accused of committing atrocities. Reiterating that the police had advance information about the brewing trouble, the official added that the principal said he would sort it out amicably. Meanwhile, hearing on a bail petition filed by a law college student, Ilamugil, arrested in connection with the campus violence case was adjourned to Thursday by the principal sessions court. New principal for Chennai law college Chennai: Following the suspension of Dr Ambedkar Government Law College principal K K Sridev over the violence at the college, Tirunelveli government law college principal Prof M Mohamed Iqbal (54) has been posted as principal for the Chennai law college. He took charge on Monday. Concerned over the ugly caste violence at the campus and its ramifications, the government had opted for a person who would not take sides, sources said. The government authorities also indicated that more transfers at the college were likely after investigations into the violent incident were completed. TNN

"Loved reading this piece by G. ARAVINTHAN?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group