Madras High Court Weekly Round-Up: July 15 to July 21, 2024

A weekly round-up of important cases from the Madras High Court Citations: 2024 LiveLaw (Mad) 280 To 2024 LiveLaw (Mad) 285 NOMINAL INDEX G.Abdul Khadar Ibrahim v Commissioner of Police, 2024 LiveLaw (Mad) 280 Thameem Sindha Madar v The District Collector and Others, 2024 LiveLaw (Mad) 281 Kajendran J v Superintendent of Police, 2024 LiveLaw (Mad) 282 K Govindaraj v Union of India and Others, 2024 LiveLaw (Mad) 283 Kandasamy v The District Superintendent of Police and Others, 2024 LiveLaw (Mad) 284 State of Tamil Nadu and Others v All India Private Schools Legal Protection Society, 2024 LiveLaw (Mad) 285 REPORT “India Land Of Diverse Religions & Customs”: Madras High Court Sets Aside Punishment On Muslim Policeman For Keeping Beard Case Title: G.Abdul Khadar Ibrahim v Commissioner of Police Citation: 2024 LiveLaw (Mad) 280 The Madras High Court recently came to the rescue of a police constable, who was punished for keeping a beard "following the commandments of Prophet Mohammed". Stating that India is a land of diverse religions and customs, bench of Justice L Victoria Gowri held though police department warranted maintaining strict discipline, it would not mean that a personnel belonging to the minority community can be punished for maintaining a beard. The court noted that as per an Office Memorandum issued to the Madras Police Gazette, while permission could not be granted to officers to maintain beard, Muslim police officers were entitled to maintain a beard throughout their lifetime. Madras High Court Allows Muharram Processions In Ervadi, Says Fundamental Rights Must Take Precedence Over Fundamentalist Forces Case Title: Thameem Sindha Madar v The District Collector and Others Citation: 2024 LiveLaw (Mad) 281 The Madras High Court has allowed the conducting of Muharram ceremonies with the beat of drums, santhanakoodu, and Kuthirai pancha processions in the Ervadi Town in Tirunelveli district of Tamil Nadu. Justice GR Swaminathan emphasized that the right to conduct a religious procession was protected under Article 19(1)(b) and (d) of the Constitution and it was not open for members of fundamentalist Thowheed Jamath to dictate how other members should conduct the festival. The court also added that when one's fundamental rights were under threat, the administration had a duty to uphold the rights but it was unfortunate that the administration had succumbed to the threats held out by the Thowheed Jamath members. The court also remarked that like language, religion was not the same everywhere, and if the people in Ervadi believed in Music, the beat of drums, horse, and chariot processions, to expect them to conform to Saudi Arabian practice was nothing short of a Talibanic outlook. Minor Girl's Aborted Foetus Not To Be Given To Police Or Court, Must Be Kept In Forensic Lab & Destroyed After Completion Of Case: Madras HC Case Title: Kajendran J v Superintendent of Police Citation: 2024 LiveLaw (Mad) 282 Noting that there was no standard operating procedure to deal with the products of conception after a Medical Termination of Pregnancy done for a minor pregnant girl, the Madras High Court observed that a guideline needed to be issued and followed across the state. The bench of Justice N Anand Venkatesh and Justice Sunder Mohan noted that after a fetus less than 24 weeks old was completely sent to Forensic Science Lab and analysis was done, there was no standard operating procedure available and there was no facility to preserve the product of conception. The court thus made it clear that once the analysis was complete and a report was submitted by the FSL, the sample should be retained by the FSL till the completion of the case and destroyed after that. The court also emphasized that the samples should not be handed over to the investigation officer and should never reach the hands of the victim girl or her family. With respect to fetus beyond 24 weeks, the court noted that the femur alone was handed over to the FSL, and the rest of the products of conception should be treated as Bio-Medical waste and destroyed as per the procedure. 'ED Action Without Any Basis' : Madras High Court Stops Money Laundering Probe Against Contractors Over Sand Mining Case Title: K Govindaraj v Union of India and Others Citation: 2024 LiveLaw (Mad) 283 The Madras High Court recently restrained the Enforcement Directorate from carrying out its investigation under the Prevention of Money Laundering Act against private contractors in connection with alleged illegal sand mining. The Court noted that there was no scheduled offence in the present case and hence the PMLA investigation was not sustainable. Till there was a scheduled offence registered and detection of the proceeds of crime, the ED cannot carry out its investigation. The bench of Justice MS Ramesh and Justice Sunder Mohan...

Madras High Court Weekly Round-Up: July 15 to July 21, 2024

Upasana Sajeev

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