Madras High Court Weekly Round-Up: January 24, 2022 To January 30, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts.1. Focus On Circumstances Of Girl's Suicide, Don't Harass Person Who Filmed Allegations About Religious Conversion: Madras High Court Tells PoliceCase Title: M v. The Director-General of Police & Ors.In a petition filed for transfer of investigation pertaining to the demise of a 17-year-old girl to CB-CID or other independent investigating agencies, Madurai bench of Madras High Court asked the police authorities to focus on the circumstances that led to her suicide.The court said so in light of allegations that the police was harassing the person who allegedly videographed the girl while she was making allegations about pressure exerted on her for religious conversion. Since there has been no doubt as to the credibility of postmortem conducted by doctors from Thanjavur Medical College, the bench of Justice G.R Swaminathan asked the District Collector to make necessary arrangements to transfer the body to the deceased child's native place.2. 'Our Hands Are Tied': Madras High Court Suggests Parties To Approach SC For Postponement Of Urban Local Body PollsCase Title: Dr.M.Nakkeeran v. The State Election Commissioner & Ors. & Connected MattersThe Madras High Court expressed its difficulty in allowing the plea for postponing the urban local body polls in light of the worsening pandemic situation, given the prevailing Supreme Court order requiring the State Election Commission to notify the polls within four months, latest by January 27.The Division Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice P.D Audikesavalu orally remarked that it cannot go against the Supreme Court order mandating the notifying of elections within four months.3. 'Let Swaraj Be Given To The Victims Who Suffer At The Hands Of Modern Day Bureaucrat': Madras HC Orders Pension For Widow Of Freedom FighterCase Title: M.Sornam v. The Union Of India & Ors.Citation: 2022 LiveLaw (Mad) 27In a writ petition filed by the widow of a freedom fighter for grant of Family Freedom Fighters Monthly pension, Madras High Court set aside the rejection order by Freedom Figher Revenue Division (F.F.R) and directed the processing of Petitioner's application under Swatantrata Sainik Samman Pension Scheme, 1980.While allowing the plea of the petitioner wife, the court also made some stringent remarks about bureaucrats denying the freedom fighters pension on flimsy, technical grounds.The single-judge bench of Justice C.V Karthikeyan was adjudicating a plea filed by the widow of E. Muthiya, a freedom fighter who was a Sepoy in the Indian National Army (INA) and served under the late lamented Nethaji Subhas Chandrabose. According to the wife's petition, her late husband was taken to detention in Burma (May 1945- July 1945) and incarcerated in Rangoon Central Jail (August 1945- July 1946) while he was retreating with the INA4. Tanjavur Girl's Suicide: Madras High Court Orders Forensic Analysis Of Video Containing Her StatementsCase Title: Muruganantham v. The Director-General of Police & Ors.In a petition filed for transfer of investigation pertaining to the suicide of a 17-year-old girl to CB-CID, the Madurai bench of Madras High Court ordered the forensic analysis of the viral video in which the deceased had allegedly spoken about the forced attempts of the school authorities to convert her to Christianity.However, the court opined that the confirmation by investigating officer about the voice of the deceased alone was not sufficient. Therefore, the court has directed the person who filmed the video to appear in person before the investigating officer on 25th January. When the matter was taken up, Justice GR Swaminathan was informed that both the petitioner and his wife recorded their statements under Section 164 CrPC before the Judicial Magistrate, pursuant to the order issued by the high court on Saturday. The High Court was also able to confirm that the recorded statements were handed over to the current investigation officer. Perusing the statements made, the court inferred that both of them iterate about the attempts made to convert the petitioner's girl child to Christianity.5. Madras High Court Expunges 'Scathing' Remarks Against Actor Vijay In Entry Tax CaseCase Title: C. Joseph Vijay v. State of Tamil Nadu & Ors.Citation: 2022 LiveLaw (Mad) 28In an appeal filed by Actor Vijay to remove the scathing remarks made by the single judge bench while dismissing his petition for tax exemption on a Rolls Royce Ghost Motor Car, Madras High Court has expunged the observations made by single judge bench in paras 3,4,7,8, 11 and 12 of the original order.A Division Bench of Justices Pushpa Sathyanarayana and Mohammed Shaffiq allowed the writ appeal filed by Actor Vijay and disposed off the connected miscellaneous petition with no costs.The actor was challenging the order passed by a single bench of Justice SM Subramaniam on July 13, dismissing a writ petition filed by...

Madras High Court Weekly Round-Up: January 24, 2022 To January 30, 2022

Sebin James

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