Madras High Court Weekly Round-Up: July 03 to July 09

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad) 182 To 2023 LiveLaw (Mad) 191 NOMINAL INDEX Pastor Gideon Jacob v State and Others, 2023 LiveLaw (Mad) 182 A Ayyanar v The General Manager, 2023 LiveLaw (Mad) 183 Megala v. State, 2023 LiveLaw (Mad) 184 Prasoon Mishra v State, 2023 LiveLaw (Mad) 185 Carunia Seelavathi v Secretary to Government and others, 2023 LiveLaw (Mad) 186 S Kumar v The District Collector and others, 2023 LiveLaw (Mad) 187 Varaaki v The Secretary and Others, 2023 LiveLaw (Mad) 188 P Milany v S Arumugam and Others, 2023 LiveLaw (Mad) 189 B Manoharan v The Ministry of Culture, 2023 LiveLaw (Mad) 190 Amalraj v State and Another, 2023 LiveLaw (Mad) 191 REPORTS Madras High Court Refuses To Quash Criminal Proceedings Against Pastor Accused of Human Trafficking Case Title: Pastor Gideon Jacob v State and Others Citation: 2023 LiveLaw (Mad) 182 The Madras High Court recently refused to quash proceedings against Pastor Gideon Jacob, who has been accused of illegal running a home for girl children, and human trafficking. Seeking quashing of the proceedings, Gideon had submitted that he was a dutiful citizen and a religious person who was running the home to save female children from being killed and from foeticide. Madras High Court Orders Reinstatement Of Bus Conductor Dismissed From Service For Non-Issuance Of Ticket, Having Excess 7 Rupees In Bag Case Title: A Ayyanar v The General Manager Citation: 2023 LiveLaw (Mad) 183 The Madras High Court recently directed the reinstatement of a Bus Conductor, Ayyanar, who was terminated from service for non-issuance of a bus ticket to a lady passenger and for having an excess of seven rupees with him. Justice PB Balaji said that the order of termination from service was grossly disproportionate and criticized the action of the State Transport Department of relying on earlier proceedings against Ayyanar, even though they had been settled. Madras High Court Delivers Split Verdict In Habeas Corpus Plea By Senthil Balaji's Family Against His Arrest By ED Case Title: Megala v. State Citation: 2023 LiveLaw (Mad) 184 The Madras High Court on Tuesday delivered a split verdict in the Habeas corpus plea filed by Megala, wife of Senthil Balaji against his arrest by the Enforcement Directorate in a money laundering case under the Prevention of Money Laundering Act. The bench of Justice J Nisha Banu and Justice Bharatha Chakravarthy said that the matter will now be placed before the Chief Justice for further orders. Justice Nisha Banu observed that the Habeas Corpus petition is maintainable and that the Enforcement Directorate is not entrusted with the powers to seek police custody under the Prevention of Money Laundering Act. She also dismissed the application filed by the Enforcement Directorate seeking to exclude the period of treatment undergone by Balaji while calculating the period for custodial interrogation. Differing from this opinion, Justice Bharatha Chakravarthy held that the Habeas Corpus Petition is not maintainable. He observed that normally HCP is not maintainable unless it is shown that the arrest and detention is illegal. He added that in the present case, the petitioner had not made out a case to hold that the remand was illegal and thus the HCP was not maintainable. Madras HC Asks Dainik Bhaskar Editor To Publish Corrigendum For Spreading Fake News On Alleged Attacks Against Migrant Workers, Grants Pre-Arrest Bail Case Title: Prasoon Mishra v State Citation: 2023 LiveLaw (Mad) 185 Granting anticipatory bail to Prasoon Mishra, a News Editor of the Digital Division of Hindi Newspaper “Dainik Bhaskar”, in a case for allegedly spreading false and fake news on attacks against migrant workers in Tamil Nadu, the Madras High Court directed him to publish a Corrigendum on the first page/home page of all publications stating that the news that they had published was fake, and was without verifying the truth. Justice AD Jagadish Chandira also deprecated the practice of publishing a sensitive news without verifying the correctness or understanding the sensitivity of the matter. The court also emphasised that media, which was the fourth pillar of democracy, carries a huge responsibility and has to adopt their professional ethics and must take care of public interest instead of concentrating on sensational news alone. Madras High Court Directs Authorities To Exempt Vehicle Tax, GST For Car Purchased By Visually Challenged Person Case Title: Carunia Seelavathi v Secretary to Government and others Citation: 2023 LiveLaw (Mad) 186 The Madras High Court recently directed authorities to grant exemption from the motor vehicle tax as well as the GST to a visually impaired person in respect of the car purchased by her. Justice PT Asha...

Madras High Court Weekly Round-Up: July 03 to July 09

Upasana Sajeev

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