Civil Procedure Code (CPC)

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Prakash Yedhula (Lawyer)     08 December 2010

Justice Regupathi letter to Madras High Court CJ

The following is the letter dated July 2, 2009 written by R.Regupathi, then Judge of the Madras High Court, to the Chief Justice of the Madras High Court containing the relevant part where there is a specific reference to R.K.Chandramohan.

 

 

 

“On 12.06.2009, at about 2 p.m. during Lunch Recess, while I was in the Chamber, High Court, Madras, my Office Assistant, Mr. Mujibur Ali, informed me that Mr. Chandramohan, Chairman, Bar Council of Tamil Nadu, is waiting and seeking for an appointment to meet me and, immediately, I allowed him to come in. To start with, he discussed about the general subject on Advocates and so proceeding, he said that two persons, who are father and son/accused in a criminal case, are family friends of a Union Minister by name Raja, and that the petition filed by them for anticipatory bail must be considered favourably. Simultaneously, he handed over his mobile phone by saying that the Union Minister is on the line to have a talk with me. Right away, I discouraged such conduct of Mr. Chandramohan and told him that the case would be disposed of in accordance with law, if listed before me.

“Subsequently, on 29.06.2009, second anticipatory bail petition came to be filed for the same accused and on behalf of Mr. Chandramohan (counsel on record for the petitioners/accused), who was present in the court, Mr. Masood, Advocate, argued by stating that some new points need to be submitted and, for such purpose, the Case Diary must be summoned. Adverting to the counter filed by the prosecution and referring to the view I had already taken during the previous occasion and pointing out that there was no change of circumstance to positively consider the case of the petitioners, it was conveyed that there was no valid reason or ground to grant the prayer in the 2nd petition. It was also observed that the counsel may argue the case in detail, however, this time orders would be passed on merits and they would not be allowed to withdraw the petition. Again, the counsel insisted that the case diary must be called for and the case be heard in detail with reference to the materials collected during the course of investigation. I have impressed upon the representing counsel by explicating that a like direction could be given to the prosecution only in the event of the Judge satisfying that such course is inevitable and absolutely necessary in a given situation and that, on mere demands and as a matter of routine, such exercise cannot be undertaken.

At that time, Mr. Chandramohan stood up and made a similar demand and when I emphatically declined to accede to his adamant demand, he vociferously remarked that the court is always taking sides with the prosecution and not accepting the submissions made by the counsel for the accused while giving importance to the Prosecutor. On such pointless remark, I said that the counsel engaged to argue on his behalf has made his submission and he is not supposed to pass such slanderous and derogatory remarks; for, all these days, the court has been passing orders after hearing the parties and assessing the cases on their own merits and in accordance with law. In spite of that, Mr. Chandramohan, insisted that the Case Diary must be summoned and the matter be adjourned to some other day. Since Mr. Chandramohan highly raised his voice and his approach towards the court was quarrelsome, I told him that a person like him, an advocate holding position as Chairman of a State Bar Council, should not behave in such a fashion. Still the learned Advocate was outburst and uncontrollable, and I observed that a counsel, who made an attempt to exert influence on the court by using the name of a Cabinet Minister, cannot be allowed to succeed in snatching an order in his favour by advancing threat. Due to such odd experience, I had to direct the Registry to place the papers before Your Lordship for obtaining orders to post the case before some other learned Judge.

“The case concerned was taken up at the end in the afternoon and inside the court hall, there were about 4 to 5 Advocates present and no one from the Press was there. That being so, the oral observations actually made came to be translated by the Print and Electronic Media with their own interpretations and ideas …….

“I have written this letter/report to apprise Your Lordship the actual state of affairs Involved.”



 16 Replies

N.K.Assumi (Advocate)     08 December 2010

Thanks Prakash Sir for the information.

ADVOCATE SRIDHARABABU (Advocate)     08 December 2010

Thank you Yadhul prakash for bringing out the contents of letter. Why central government is not initiating action against these people is the so called clean law minister of centre having blind eyes over the matter. Is CJ not bound to take action against chairman of bar council and former minister by initiating criminal contempt proceedings. Who is implementing law  neither courts are following their duty nor  these corrupt executive are doing their duty.

Rekha..... ( Practicing lawyer(B.Com LL.M in Business law ))     08 December 2010

Can V say that this is the appreciable evidence to hv proceedings against the concerned parties and Hon’ble judges? If yes then how?

veenzar (Advocate)     08 December 2010

 

WHILE APPRECIATING THE ACTION TAKEN BY THE HONOURABLE HIGH COURT ON THE CONTEMPT

APPLICATION. IT SHOWS THAT  "THE RULE OF LAW PREVAILS" 

WE ARE ALSO WAITING FOR THE ORDER OF THE HONB"LE HIGH COURT ON THE BRUTAL ATTACK ON

ADVOCATES AND LOSS OF PROPERTIES CAUSED BY THE POLICE OFFICIALS IN THE

HIGH COURT PREMISES.

RAJ KISHORE VAISH (TEACHER CITIZEN OF INDIA)     09 December 2010

Dear Sir,

                     "No body can be punished in this nation for any crime in India" as per judgment in Contempt Petition No. 203 of 1996 diposed by Supreme Court of India corruptly.

                                                                                   Raj KishoreVaish

                                                                              

G. ARAVINTHAN (Legal Consultant / Solicitor)     10 December 2010

Veenzar is right

Uma parameswaran (lawyer)     10 December 2010

Former Judge  handled the Matter in perfect  way.

Anil Agrawal (Retired)     12 December 2010

Any idea of the letter of Chief Justice of Madras High Court to CJI? The CJI in his recent press conference was insistent that no name of no Minister was mentioned in the letter. It is also reported that Justice Raghupati was called by the CJI for a meeting when story broke out. What happened then? Everything is shrouded in mystery.

RAJ KISHORE VAISH (TEACHER CITIZEN OF INDIA)     15 December 2010

NOTHING IS SHROUDED IN MISTRY. WAIT FOR AND LET THE TIME COME.

Arup (UNEMPLOYED)     16 December 2010

NOW IT IS CLEAR THAT FORMER CJI LIED.

Anil Agrawal (Retired)     16 December 2010

Lying for what? To protect Raja? Why? Caste, creed, money, region, power? Employment after retirement? The Supreme Court not taking any even now shows something is seriously wrong somewhere. We are made to run around. Justice Reghupati says he wrote to Justice Gokhale. Justice Gokhale says he wrote to CJI. CJI says he did not received the letter. Then what was brought to the notice of Law Minister? 

Bhartiya No. 1 (Nationalist)     16 December 2010

Now who will probe this matter, that who is lying and where is the letter.

This country is FOR SALE -- any buyer


(Guest)

According to me, Justice Reghupathi ought not to have paved way for listing the matter before him as soon as he apprehended some involvement of VIPs and as it was done, he became victim of circumstance. He is an eye opener for others.

Bhartiya No. 1 (Nationalist)     16 December 2010

It seems that the ex-CJI who is lying and Law minister too is supporting him.

Justice Gokhale is clear and categorical in his statement.


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