Merely Watching Child Pornography Not An Offence Under POCSO Act Or Section 67B Information Technology Act: Madras High Court

Setting aside the criminal proceedings initiated against a man, the Madras High Court recently observed that watching child pornographic videos will itself not attract offences under the Protection of Children from Sexual Offences (POCSO) Act. Justice Anand Venkatesh noted that to attract the offences under the POCSO Act, a child or children must have been used for pornography...

Disputed Question Of Fact Cannot Be Adjudicated On In A Writ Petition: Madras High Court Declines To Interfere With Election Of MPs/MLAs

The Madras High Court recently refused to interfere with the election of some MPs and MLAs noting that the issue involved disputed questions of fact which could not be looked into in a writ petition. Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy were hearing a plea by ML Ravi to declare the election of some MPs and MLAs as null and void and declare the...

Madras High Court Refuses To Interfere With Interim Order Restraining O Panneerselvam From Using AIADMK Party Name, Flag, Symbol

A Division bench of the Madras High Court has refused to interfere with an interim order of a single judge restraining former Tamil Nadu Chief Minister and expelled AIADMK leader O Paneerselvam from using the party's name, flag, symbol, and letterhead. The bench of Justice R Mahadevan and Justice Mohammed Shaffiq observed that there were no grounds to interfere with the order of the...

Sterlite Protests | Madras High Court Questions Promotion Of Indicted Police Officers; Says NHRC's Duty Doesn't End With Granting Compensation

The Madras High Court on Wednesday questioned the rationale behind promoting police officers who were involved in the firing that took place in 2018 in Thoothukudi during the Anti-Sterlite protests. The bench of Justice SS Sundar and Justice N Senthillkumar was hearing a plea by Henry Tiphagne, Executive Director of People's Watch, seeking directions to NHRC to reopen the case in...

After Madras High Court Nudge, Trade Unions Decide To Defer Bus Strike; Court Says Welfare Of People Supreme Law

In a plea seeking to declare the transport strike called by different trade unions in the state of Tamil Nadu as illegal and unconstitutional, the Trade Unions, on Wednesday informed the court of their willingness to call off the strike in larger public interest and given the Pongal festival. The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy...

“Unnecessary Act Of Haste”: Madras High Court Dismisses Murasoli Trust's Plea Against Inquiry By National Commission For Scheduled Caste

While dismissing a petition filed by Murasoli Trust challenging a notice issued by the National Commission for Scheduled Caste, the Madras High Court called the trust's action unnecessary and uncalled for as the commission was acting within its jurisdiction. “But this court is of the opinion that on receipt of the notice itself, to approach this Constitutional Court for an order...

Reopening Of Assessment Inspired From 'Review' & 'Change Of Opinion' By Subsequent AO Is Deprecated: Madras HC

While setting aside the order disposing of assessee's objection for re-opening of assessment pursuant to the issue of notice u/s 148 of the Income tax Act, 1961 and the consequent reassessment order, the Madras High Court held that there is no scope for re-opening of the assessment, since the reasons cited for same was inspired from change of opinion of the Assessing officer.A Single Judge...

Madras High Court Asks State To Consider Providing Horizontal Reservation To Transgender Persons In Education, Public Employment

The Madras High court on Tuesday asked the State government to consider providing horizontal reservation to transgender persons in education and public employment.Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy asked the Advocate General to get instructions on the possible policy decision and respond by March 4th.The court was hearing pleas by Grace Banu Ganesan and...

High Court Dismisses Plea By Former Tamil Nadu DGP To Transfer Appeal In Sexual Harassment Case To Another Court

The Madras High Court on Tuesday dismissed a plea by former Tamil Nadu DGP Rajesh Das seeking to transfer an appeal against his conviction from the Villupuram Principal District Court to any other court.Justice Anand Venkatesh dismissed the plea and observed that there was no prima facie materials to order a transfer. The court also directed the lower appellate court to complete the hearing...

Democratic Right To Raise Voice Against Govt Demanding Legal Action, Cannot Be Construed Unlawful Or Illegal: Madras High Court

Quashing a criminal case registered against a man for conducting a demonstration against the arrest of DMK Youth Wing Secretary, the Madras High Court observed that every person had a democratic right to raise his voice against the government demanding legal action and when such a right was exercised, it could not be said to be “unlawful” or “illegal” Justice G Ilangovan of...

"Will Look Into Legality Of Final Closure Reports": Madras HC Fixes Date For Hearing Suo Moto Revision Against Discharge/Acquittal Of Ministers

The Madras High Court on Monday fixed dates for hearing the suo moto revisions petitions against discharge/acquittal of ministers.The court has decided to hear the suo moto revisions against KKSSR Ramachandran, Thangam Thenarasu, O Panneerselvam and B Valarmathi together from 5th February to 9th February 2024. The case against Periyasamy will be taken up on February 12 and 13 and against...

“Nowadays No Decency In Expressing News”: Madras HC In Journalist Abhijit Majumder's Plea For Quashing FIR Over Derogatory Remarks On Periyar

While hearing a plea moved by journalist Abhijit Majumder for quashing an FIR registered against him by the Tamil Nadu police for his opinion piece criticizing TN Minister Udayanidhi Stalin's Sanatana Dharma remark, the Madras High Court orally remarked that nowadays there was no decency in expressing news and opinions.Justice Anand Venkatesh noted that the journalist in his op-ed had...