Suo Motu Criminal Revision cases - My question to Mr. Justice Anand Venkatesh, Judge, Madras High court.
(S. Jeevagan, M.A.,LL.M., Advocate, Madurai )
Your Lordship,
Suo Motu Revision cases have been taken on file by the high court against the orders/Judgment passed by the trial court in the corruption cases registered against the former as well as present ministers of the Government of Tamilnadu. It is learnt that the same has been done after informing the hon'ble Chief Justice of the Madras High court and numbered after getting approval from him. It is also learnt that your lordship are not going to recuse from the cases just because the concerned parties make a request for your recusal.
I appreciate it. It is good. Very good. However, it is noteworthy that your lordship are also going to apply the same law under which the cases of the former as well as the present ministers were dealt with and acquitted or discharged by the trial court Judges. Don't you feel that your comments made in the beginning itself in support of suo Motu Revision cases will attach a stigma in the District Judiciary and more so, without hearing the concerned judges against whose judgments the suo Motu Revision has been taken by your lordship?
My question is Whether the trial court Judges will be given an opportunity to implead themselves to defend their order/ judgment and to show that they have applied the law and passed appropriate judgments/ orders, only in terms of the relevant facts & laws etc.. If the trial court Judges do not come forward to implead themselves in the suo Motu Revision cases, whether the hon'ble High court will pass necessary order so as to make sure that such Judicial officers render their respective explanation in support of their judgment? For, it is a suo Motu Revision taken by your lordship after recording your strong observations against the District Judiciary and the same has been made without hearing the concerned judges, it seems.
If a trial court Judge is correct in his / her judgment, Mr. Justice Anand Venkatesh will probably be considered to be wrong in making such serious comments in such a way that the people were made to believe that the District Judiciary has been biased and in favour of the corrupt ministers meaning that the administration of justice by the trial court Judges was not fair.
Assuming that the trial court has failed to administer justice as per the laws applicable to the cases on hands, then the question from the common man may be what would be a fitting lesson to be taught by the high court to such errant Judicial officers who enjoy so much privileges at the cost of public but failed to administer justice in a fair manner?
I am not here either to support or blame any judicial officers or any litigants including the politicians like the former as well as the present ministers involved in the corruption cases. For, everyone should get what they actually deserve. However, people like me would have every right to comment that the inappropriate comments made on the part of Mr. Justice Anand Venkatesh against the trial court Judges in support of his taking suo Motu Revision cases on file, could have been better avoided at this stage when he has decided that he himself is going to hear the suo Motu Revision cases. For, act of making such comments would not only amount to violation of principles of natural justice but would also turn out to be an insult to the District Judiciary.
Even though such comments would create some restless situation amongst the District Judicial officers, I don't think that such Judicial officers will fight against such adverse comments against them because of some practical difficulties attached to their respective offices. However, it is the responsibility of the people like me to raise voice against injustice/ unwarranted comments having been made in violation of the principles of natural justice even if the same were made by a high court Judge or a supreme court judge himself. Hope, your Lordship (Mr. Justice Anand Venkatesh) will deal with this issue in a fair manner without giving rooms for the parties to raise a complaint regarding violation of principles of natural justice.
S. Jeevagan, M.A.,LL.M.,
Advocate, Madurai.
