Madras High Court Weekly Round-Up: January 3 To January 9

A weekly round-up of important cases from Madras High Court, subordinate courts and NGT (Southern Zone).1. Status Quo In Religious Demography Has To Be Maintained; Religious Conversion Can't Be A Group Agenda: Madras High Court Case Title: Fr P. George Ponniah v. The Inspector of Police Citation: 2022 LiveLaw (Mad) 6 While refusing to quash an FIR registered against the Catholican Diocese Priest P. George Ponnaih for an inflammatory speech against the Hindus, the Madras High Court made a few observations about religious conversions. Justice GR Swaminathan, who considered the case, observed that it is important to maintain the status quo regarding religious demography. "If there is a serious subversion of the status quo, calamitous consequences may follow", Justice Swaminathan stated. While saying that an individual's choice to change religion is protected by the Constitution and must be respected, Justice Swaminathan said that religious conversions cannot be a "group agenda". The priest was booked by Arumanai police for his speech at a meeting convened for paying homage to late Fr. Stan Swamy. Referring to the offences under which he was charged, the court observed that the priest cannot insult or outrage another religion and still claim immunity from the application of Section 295A, 153A and 505(2) of IPC. The court has however quashed the offences under Section 143, 269 and 506(1) of IPC and Section 3 of Epidemic Diseases Act, 1897.Also Read: Offensive Words Against 'Bharat Mata' & 'Bhuma Devi' Attract Offence Under Section 295A IPC: Madras High Court Refuses To Quash FIR Against Catholic Priest 2. S.25-O ID Act| Can't Permit Authority To Sit On Closure Application & Operate Deeming Provision: Madras HC Sets Aside Closure Of 2 Textile Mills Case Title: Swadeshi Panchalai Thozilalar v. The Secretary, Industries and Commerce Citation: 2022 LiveLaw (Mad) 8 The Madras High Court has set aside notices for the closure of two Mills in Puducherry, whose history dates back to the French Colonial period, on the ground that provisions of the Industrial Disputes Act, 1947 were not complied with in its true spirit. Justice S. Vaidyanathan noted that the Mills were closed without issuing any notice of enquiry under Section 25-O of the 1947 Act for making objection before the Authority concerned and without taking up the matter for hearing. It allowed the writ petitions filed by two separate registered trade unions and passed a common order for both Swadeshi Cotton Mill and Bharathi Mills considering them as a single entity. If the Authority is allowed to operate the deeming provision without conducting any enquiry, the very purpose of the provisions of the Act itself will be defeated, as there is not even an attempt to conduct an enquiry, which is mandatory on the part of the concerned Authority under Section 25(O)(2) of the I.D.Act, 1947, observed the court. 3. Rental Dues Of Cold Storage Keeping Seized Contraband On Magistrate's Order: Madras HC Directs Payment From Victim Compensation Fund Case Title: Trichy Cold Storage (P) Ltd., Rep.by its Manager v. The Superintendent of Police, Trichy & Anr. Citation:2022 LiveLaw (Mad) 7 In a peculiar case, the Madras High Court has ordered payment of Rs 1.25 lakh to a cold storage facility keeping seized dates, after a Magistrate Court ordered the Police to store the perishable contraband until disposal of the case. The storage bill had mounted to Rs.3,54,000/-. The payment is directed from the Victim Compensation Fund by the jurisdictional magistrate court. Considering the factual circumstances surrounding the issue, the High Court observed that the jurisdictional magistrate was not justified in directing the police to keep the perishables in safe custody via its October 2018 Order. "Section 459 of Cr.PC authorizes the magistrate to direct sale of seized properties that are subject to speedy and natural decay. Fruits obviously come under the said category. The prosecution would not in any way be weakened by the disposal of the goods. The fake labels and wrappers are sufficient to establish the case against the accused", the court observed, adding that the order was 'erroneous in extreme'. 4. Appeal Against Admission Of Winding Up: 'Moonshine Defence By SpiceJet, Ploy To Avoid Liability': Swiss Corporation Argues Before Madras High Court Case Title: SpiceJet Limited v. Credit Suisse AG. After hearing the caveator Credit Suisse AG at length, Madras High Court has decided to hear the appeal against the admission of SpiceJet's winding up further on January 10, 2022. A Division Bench of Justice Paresh Upadhyay and Sathi Kumar Sukumara Kurup heard the counsel appearing for the Switzerland based Corporation, Advocate Rahul Balaji. Credit Suisse AG contended that the admission of winding up and appointment of provisional liquidator by the single judge bench does...

Madras High Court Weekly Round-Up: January 3 To January 9

Sebin James

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