HC slaps contempt against home secy
The Madras high court has initiated contempt proceedings against state home secretary.
Chennai: The Madras high court has initiated contempt proceedings against state home secretary, additional director general of prisons and superintendent of prison, Central prison, Puzhal, for their failure to comply with its earlier order, which directed them to pass appropriate orders for the release of a life convict. A division bench comprising Justices S. Rajeswaran and P. N. Prakash directed the registry to issue statutory notices to the three officials.
Passing orders on a HCP filed by S. Mallika, seeking release of her son S. Ilango, the bench said despite the order passed by the court on November 13 the same has not been complied with. Therefore, instead of filing a contempt petition, the petitioner has opted to file the present HCP for the same prayer.
Additional public prosecutor filed a counter affidavit by the superintendent of prison, which stated that he appears to have forwarded the judgment copy along with office letter to the ADGP/IG of prisons to address the government to issue necessary order for the release of the prisoner and that they were awaiting appropriate orders from the government.
Therefore, he prayed for time. “Highly dissatisfied with the conduct of the respondents, we are forced to issue contempt notice as against the home secretary, who is the competent authority to pass appropriate orders according to superintendent of prisons.
It is needless to add that when an order is passed by the court, as early as on November 13 after hearing the additional public prosecutor, who represents the respondents, there is no justification on the part of the respondent police to await orders of the government. The order of the court should be complied with in letter and spirit without any hesitation,” the bench said.