The Madras High Court has partially modified a “peculiar” circular issued by it on March 21 directing its officials in the principal seat of the court in Chennai as well as the Madurai Bench not to entertain cases in which Union as well as State ministers, Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) are parties without obtaining the prior consent of the Chief Justice.
After The Hindu reported about the circular on Saturday, the Registrar (Judicial) of the principal seat of the High Court in Chennai P. Rajamanickam issued another circular on Monday, directing the Appeal Examiners and Heads of all filing sections in the High Court Registry to entertain cases in which ministers, MPs and MLAs are parties only after bringing them to the notice of the Chief Justice.
The latest circular reads: “In partial modification of the High Court’s earlier circular under reference cited, the following instructions are issued. As directed by the Honourable Acting Chief Justice, all the Appeal Examiners/Heads of Filing Sections of the Registry, both in the principal seat of Madras and the Madurai Bench of Madras High Court are hereby directed to number the case in respect of cases wherein MLAs, MPs and sitting ministers (both Central and State) are parties, only after bringing it to the notice of the Honourable the Chief Justice.”
‘No immunity to politicians’
A court official said the only difference in the new circular was that the High Court had dispensed with the need to send the case bundles to the Chief Justice for approval. “Further, the circular has been rephrased. The earlier directive to obtain approval from the CJ has been replaced with the words that the cases should be numbered only after bringing it to the CJ’s notice. Otherwise, the core substance remains the same,” he pointed out.
The official also stated that the Registrar had chosen to modify the earlier circular only after many lawyers took to the social media questioning the logic behind obtaining CJ’s prior consent for cases involving the constitutional functionaries. Senior Counsel K.M. Vijayan too had taken exception to the stipulation and said: “Prior consent is unwarranted. Except President and Governor, no one has immunity. Law should be allowed to take its course.”
