Madras High Court blames self for delay

Chennai: In a first, the Madras high court has criticised itself for the inordinate delay in disposing cases and took the blame.  Dismissing a plea by V. Radhika Selvi, wife of Venkatesa Pannaiyar,  seeking transfer of the investigation into murder of her husband in police encounter, a division bench comprising Justices S. Nagamuthu and Dr Anita Sumanth said “for this who is to be blamed?

Mahatma Gandhi said it is the best thing to blame ourselves when people cannot get on well with us. Yes we accept the blame,” the bench said.

Pannaiyar was killed in a police encounter in Nungambakkam, on September 26, 2003. In the writ petition filed in 2005 Radhika Selvi, also a former minister of state in the Union govt, sought to transfer of investigation to CBI. Another co-accused Balamurali had also filed another writ petition seeking the same relief.

The bench said these writ petitions ought to have been given preference and disposed of within a reasonable time. “Of course, the heavy pendency of cases, which accounts to more than 4 lakh, may be the reason for such delay. But the urgency and importance of issues and the serious violation of the fundamental rights alleged in these writ petitions missed the attention of this court for thirteen long years,” the bench noted.

Since this court had omitted inadvertently to give preference to these writ petitions and to dispose of them on time so as to ensure fair, proper, impartial and speedy investigation, there has occurred failure of Justice to the petitioners.

The bench said, “at this length of time, we could only express our regret”. However, we assure the people of this country that this would not repeat.”

Having spent their valuable time and money, the petitioners cannot go without even getting the cost from the state. Hence, the bench directed state home secretary to pay a compensation of Rs 25,000 to each of the petitioners.