3rd Judge G.Jayachandran has ordered that the judgment given by fellow judge G.R.Swaminathan was not correct and annulled the jailing of Chavku Shankar under the Gangster Act.
Chavku Shankar’s mother, Kamala, filed a recruitment case in the Chennai High Court against the jailing of the gangster. Judges GR Swaminathan and PP Balaji, who heard the case, passed the modified order. Following this, the third judge G. Jayachandran heard the case last week. Later, he recommended the case to be investigated by the Division Bench, which normally hears recruitment cases, and ordered on the 6th. Judge G. Jayachandran said in that order:-
Senior Judge G.R. Swaminathan has given a judgment quashing the order of arresting Chawku Shankar under the Prevention of Gangster Act. The senior judge has also explained the personal reason why he issued such a hasty order. However, junior judge PP Balaji has given time to the government to respond and has ordered to send a notice to the prosecution. Since such a situation has not happened before in the Indian judiciary, the court should take appropriate advice from the Chief Justice in this regard. One’s fundamental rights and freedom For protection, a 2-Judge Division Bench is constituted to hear recruitment cases. When the recruitment case is accepted for investigation, the authorities should be given an opportunity to explain. The police should be given an opportunity to explain how the person jailed under the Thug Act has disturbed the public peace.
That opportunity was not afforded in this case. Senior Justice GR Swaminathan quashed the Police Commissioner’s order imprisoning Chavku Shankar under the Goon Act before the authorities filed their reply. In a democratic country, the first lesson taught in law school is that judgment should be given only after all parties have been heard. Senior Justice GR Swaminathan has given the reason that he has given this judgment because he was approached by powerful persons. In the administration of justice, on rare occasion, judges are disturbed in this way. When such happens, the Chief Justice should be asked to take action against those who interfere in the administration of justice.
Or take legal action against those persons. If this is not the case, he should withdraw from the case. However, Judge GR Swaminathan has said that he has issued such an order because two people have approached him. This is not correct. The police are empowered under the Detention Act to take action against those who disturb public peace. Has that authority been properly exercised? It should be decided after hearing the opinion of the authorities. This is what the judge said.
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