Tamil Nadu - Madurai   

Courtallam clash case transferred to Madurai

MADURAI: The trial in a criminal case relating to a clash involving a group of lawyers, policemen, tourists and a masseur at Courtallam falls on July 26, 2007, has been transferred from the Chief Judicial Magistrate (CJM) court at Tirunelveli to Madurai.

Allowing a transfer petition filed in the Madras High Court Bench here by a Deputy Superintendent of Police and six of his subordinates, Justice Raja Elango said the petitioners should be given a fair opportunity to face the trial without any obstructions. The police officers alleged that the Tirunelveli lawyers were preventing their counsel, engaged from Madurai and Shencottah, from appearing before the court. It even led to issuance of arrest warrants for non appearance, they claimed.

Stating that a case could be transferred if there were doubts over the conduct of a fair and impartial inquiry or trial, the judge directed the petitioners to pay appropriate costs to the witnesses to facilitate their appearance before the Madurai CJM.

Recalling the incidents that took place in 2007, the petitioners said that around 30 members of the Tuticorin Bar Association had come to Courtallam on a tour. Six of them went to the falls, in an inebriated condition, at midnight.

The lawyers entered into a quarrel with other tourists and damaged the wind screen of a car. They even attacked a masseur. They also abused few women police constables and damaged the iron door of a police outpost, the petitioners alleged. The incidents led to registration of four cases against the advocates. They were booked under Sections 307 (attempt to murder), 147 (rioting) and 506 part II (criminal intimidation) of the Indian Penal Code.

Section 353 (using criminal force to deter public servant from discharging official duty) of the IPC and the Tamil Nadu Property (Damage and Loss) Act was also invoked on the basis of complaints lodged by the masseur, a sub-inspector of police and others.

Subsequently, one of the advocates filed a private complaint against the police officers under Sections 294b (uttering obscene words), 323 (voluntarily causing hurt) and 355 (assault or criminal force with an intent to dishonour a person) of the IPC.

The CJM at Tirunelveli took cognisance of the private complaint. But the police officers could not engage any lawyer from the local Bar to defend them in the private complaint. Hence, they engaged counsel from Madurai and Shencottah.

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