News By/Courtesy: Neha Mishra | 18 Dec 2021 13:22pm IST


  • A woman and her husband were acquitted by the Madras HC in 2013.
  • In 2018, they came to know that their case was listed for fresh hearing.
  • The SC asked the CJ of Madras HC for enquiry.

The Supreme Court has asked the Madras High Court Chief Justice to lead an enquiry into a charge that a case under the steady gaze of the High Court which was chosen in 2013, got recorded for 'new hearing' in 2018. The heading came from a Bench of Justices DY Chandrachud and AS Bopanna on a request recorded by one P Nallammal.

"The Chief Justice is mentioned to direct an enquiry into the complaint of the applicant. The Chief Justice would be at freedom to take important help with request to determine the authentic position and may from that point take a proper choice on the complaint which has been tended to by the solicitor," the Court said. The solicitor and her better half were indicted on November 15, 2000, by a preliminary court for an offence the Prevention of Corruption Act.

They favoured an allure under the watchful eye of a solitary appointed authority of the Madras High Court. As indicated by the applicant, she and her better half were absolved by the High Court on April 30, 2013. An application was made for looking for an affirmed duplicate of the judgment, which was not made accessible, it was submitted under the watchful eye of the top court. Hence, they came to realize that a similar allure was recorded for 'crisp hearing' under the steady gaze of one more adjudicator of the High Court on April 19, 2018.

Bothered, the applicant moved the Supreme Court expressing that such posting of a generally settled allure is violative of her privileges under Articles 14, 20(2) and 21 of the Constitution and pertinent arrangements of the Code of Criminal Procedure. The Supreme Court recorded the entries of the applicant and said that the fitting game-plan is demand the Chief Justice of the Madras High Court to direct an enquiry on the managerial side into the complaint of the solicitor. The summit court, hence, continued to guide the Chief Justice to look at the issue and make a choice.= The Court likewise added that assuming the candidate is oppressed by the choice taken by the Chief Justice on the managerial side, she will be at freedom to seek after her cures as per law. 

Section Editor: Kadam Hans | 18 Dec 2021 17:42pm IST

Tags : #SC #Madras #HC #wife #husband #appeal #fresh hearing #2013 #enquiry #DY Chandrachud

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