Tamil Nadu - Madurai   

Fake case: court rejects plea to drop proceedings

MADURAI: The Madras High Court on Thursday refused to accede to a request made by a few Bar Associations to desist from “perpetuating” its enquiry into a fake case filed in the Madurai Bench.

Justice K. Chandru said he could not renege on the oath of office he had taken to uphold the rule of law without fear or favour and drop the lawful proceedings at the request of the Bar.

The matter relates to a writ petition which the petitioner herself had denied to have filed. On August 18, the judge issued notices to the lawyer on record as well the one who had attested the affidavit, seeking an explanation.

On Thursday, many lawyers, including the present as well as former office-bearers of the Bar Associations, appeared before the judge and requested him not to continue with the enquiry.

However, the judge said it was not an issue to be discussed between the Bench and the Bar. “When the court is being used for ulterior purposes, it cannot shut its eyes and behave as if nothing had happened.” “Is the Bar interested in knowing the truth or not? You must help the court probe the issue. You must be shocked to know that such things are happening. Why the matter should be closed at the threshold,” he asked the office-bearers.

Mr. Justice Chandru said their submissions would send a wrong signal, since the two lawyers were not guilty now. “Even the guilt cannot be established by me. It can be done only by the authorities concerned.”

Subsequently, he perused the explanation submitted by the two lawyers, They claimed the petition was filed on the basis of the instructions given to them by a lower court advocate. The judge ordered notice to him, returnable by September 1.

Mr. Justice Chandru said he would have referred the matter to the police if the third person had not been an advocate. “Only because he is also a lawyer, I want to hear him before deciding on the issue.”

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