Says error by trial court has to be rectified
Principal District and Sessions Judge (Cuddalore) K. Uthirapathy on Saturday ordered the setting aside of the Non-Bailable Warrant issued by the Parangipettai Judicial Magistrate against Chief Minister Jayalalithaa in a case relating to the filing of nominations for the 2001 Assembly elections.
The Judge also instructed the JM Court that if it had already issued any NBW in this regard it should take steps to take it back.
The Judge has scrapped the NBW based on two aspects: first, the issuance of an NBW to a person to whom no notice or summons has been sent is against all canons of law; and secondly, the Supreme Court on July 10, 2007 had ordered status quo on the main petition (regarding the filing of nominations).
The Judge observed that “unless otherwise the Supreme Court varies the said order, the trial court shall cease to have any power to make any headway in the trial proceedings and issuing of an NBW to secure the presence of the revision petitioner (Ms. Jayalalithaa) is wholly contrary and in gross violation of the SC order. Therefore, the error that has happened in the proceedings of the trial court has to be rectified.”
The Judge also noted that “there are other matters which require action from this court on the administrative side. This shall be taken up separately in the administrative side.”
Separate enquiry
The Judge also pointed out that Chief Minister's counsel A. Sankaran of Tindivanam had “thrown a needle of suspicion about the genuineness of the endorsements made by the Judicial Magistrate in a concur sheet. Therefore, the court shall make a separate enquiry about the said endorsements in separate departmental proceedings.”
The case relates to the Returning Officer of the Bhuvanagiri Assembly Constituency A.G. Selvamani filing a case before the Parangipettai JM Court in 2007, alleging that by filing four nominations for the Assembly constituencies of Bhuvanagiri, Krishnagiri, Andipatti and Pudukottai in 2001 Ms. Jayalalithaa violated the provisions of the Representation of People Act, 1951.
Parangipettai Judicial Magistrate Gomathi Sakthi Sorupam, who has since been placed under suspension on the order of the Madras High Court on the charges of corruption and tampering with records in a case relating to a private concern at Salem, had on June 27, 2011 ordered issue of an NBW and posted the case on February 16, 2012, requiring the presence of Ms Jayalalithaa at the JM Court.
The revision petitioner came to know of the JM order on January 4, 2012 and immediately moved the District Sessions Court through counsel Sankaran. Accordingly the court stayed the NBW till Saturday and passed the orders setting aside the NBW.
No other orders
The Judge clearly stated that his order was restricted to the issuing of the NBW only. Since the Supreme Court had already ordered status quo in the matter this court was not embarking on any misadventure of passing any orders in any other aspects.
Counsel commended
The Judge commended the role of counsel Mr. Sankaran for his cooperation and handling the case without sensationalising it.
Keywords: Tamil Nadu, Assembly elections, NBW, Judicial magistrate, Election rules
