GO delays appointment of law officers by DMK govt
CITY
GO delays appointment of law officers by DMK govt
A Subramani | TNN | May 13, 2021, 04:03 IST
TNN
Get Notifications on latest Chennai News
Chennai: A statutory logjam created by a government order issued in 2017 and amended in 2019, has left the newly elected DMK government in a spot, as it is unable to field law officers of its choice before the Madras high court. Every time a regime change happens, its chosen set of law officers assumes charge the very next day and starts representing the government in courts. It was not to be so this time due to a 2017 GO which was amended and made further stringent on September 4, 2019.
The government has to appoint at least 75 law officers for the principal seat of Madras high court, and another 40 for the Madurai bench of the court. These two GOs cover only these law officers, who would include additional public prosecutors, special government pleaders, additional government pleaders and government advocates.
The time-consuming selection process mandates notification inviting applications, eligibility norms for aspirants and an interview involving four secretaries of departments such as public and home.
“There is no transition arrangement in courts. So, as of now Shanmugasundaram is the one-man army for the DMK government. A few ‘neutral’ law officers from the outgoing AIADMK dispensation have been appearing in some courts,” said a senior law officer demitting office.
PREVENTION
SYMPTOMS
TREATMENT
The GOs are badly drafted, to say the least, as there is no space for any ad hoc appointments to see the transition period through, said advocate-general Shanmugasundaram. A contingency situation has not been foreseen, he said, adding: “I am writing to the government for appointment of an ad hoc team. Public prosecutor, of course, has the discretion to have his own team for time being, and I myself invoked the power when I was holding the post.”
While this is the first time such a piquant situation has arisen, jurists say appointment of career law officers would prevent similar deadlock in future. “A separate corps of law officers, appointed perhaps through the state public service commission, on permanent basis can continue to work despite regime changes. While subordinate level posts could be permanent in nature, top posts like advocate-general, additional advocates-general and public prosecutor or government pleader could be given to lawyers handpicked by the new government,” said a senior lawyer.
There is also a need to exempt designated senior lawyers, aspiring for posts like additional advocate-general, from making a formal application. “They are designated by the full court meeting of judges, so it makes no sense to expect them to ‘apply’ for these positions,” said a lawyer.
Madras high court is not functioning to its capacity at present due to three factors – annual summer recess, virtual hearings and pandemic curbs. Had this situation arisen during normal times, it would have led to serious problems as government’s policies, decisions and bail matters would be too important to be entrusted with members of the outgoing team of law officers.
INDIA FIGHTS COVID
Precautions to take when you have COVID-19 patient at home
Coronavirus vaccination: Got your vaccine shot? Here’s how to manage side effects without painkillers
Coronavirus symptoms: Is chest pain concerning when you have COVID-19? Signs and symptoms to check
Coronavirus: Stomach flu or COVID? How to tell the difference
Coronavirus: Recovered from COVID-19? Look out for these symptoms months after recovery, as per studies
VIRAL NEWS
MORE
United States: California man charged with using COVID loans to buy luxury cars
Kid teased at school for wearing glasses, celebs come together to cheer him
Social Humour: How Twitterati reacted to West Bengal Assembly election results
Social Media is the new helpline for a crisis-hit India
Kerala couple ties knot at hospital after groom tests COVID positive, bride wears PPE kit
Get the latest News delivered to you instantly!
OPEN IN APP
Add Comment
NEXT STORY
CITY
Roads are secular; they should be used by people of all religions: Madras high court
A Subramani and Srikkanth D | TNN | May 12, 2021, 23:04 IST
TNN
Madras high court
CHENNAI: Roads are secular, and no temple procession can be prohibited or curtailed merely because a religious group in a locality vociferously objects to such traditional temple processions, the Madras high court has said. As per Section 180-A of District Municipalities Act, roads and streets, which are “secular,“ should be used as roads by all the people irrespective of their religion, caste or creed, said a division bench of Justice N Kirubakaran and Justice P Velmurugan, adding: “Any procession, including religious procession, cannot be prohibited or curtailed merely because another religious group is residing or doing business in the area predominantly.”
India is a secular country and merely because one religious group is living in majority in a particular area, it cannot be a reason for not allowing other religious festivals or processions through that area, it said. “If the contention of the private respondent is to be accepted, then it will create a situation in which minority people cannot conduct any festival or procession in most of the areas in India,” the bench said.
The judges were hearing a case wherein Muslim residents of V Kalathur village in Perambalur district in central Tamil Nadu objected to processions through Muslim-dominated streets during a three-day temple festival in October 2015. As peace committee meetings could not break the ice, a single judge of the high court had imposed several conditions, including curbs on turmeric water sprinkling ritual, and allowed the procession.
Aggrieved, both sides had filed the present appeals.
PREVENTION
SYMPTOMS
TREATMENT
Disapproving of any objections by any group or any community for a religious event, the present bench pointed out that till the year 2011 the same temples had been taking out similar processions without any curbs. Only since 2012 objections were raised, said the judges, adding: “If religious intolerance is going to be allowed, it is not good for a secular country. Intolerance in any form by any religious group has to be curtailed and prohibited. In this case, intolerance of a particular religious group is exhibited by objecting for the festivals which have been conducted for decades together and the procession through the streets and roads of the village are sought to be prohibited stating that the area is dominated by Muslims and, therefore, there cannot be any Hindu festival or procession through the locality…If resistance exhibited by one religious group is reciprocated by other religious groups, there would be chaos, riots, religious fights causing loss of lives and destruction of properties. Consequently, the secular character of our country will be destroyed or damaged.”
Noting that Muslims are as much first rate citizens of this country as Hindus, Christians, Parsis, Sikhs, Buddhists, Jains, and others., the judges said they have the right under Article 25(1) of the Constitution to practise their religion freely which includes the right to perform their religious rites and ceremonies including burying of their dead, in accordance with their traditional rites.
“When such is the legal position, there cannot be any order prohibiting the religious festivals and temple processions through all the streets and roads of the village/town, when the same is being conducted for years together. If at all, there can be some regulations and there cannot be any prohibition,” they said.
Rejecting apprehensions of law and order disturbance or communal clashes, the judges said, “If there is going to be any law and order problem, police have to intervene and prevent untoward incidents and give appropriate protection.”
INDIA FIGHTS COVID
Precautions to take when you have COVID-19 patient at home
Coronavirus vaccination: Got your vaccine shot? Here’s how to manage side effects without painkillers
Coronavirus symptoms: Is chest pain concerning when you have COVID-19? Signs and symptoms to check
Coronavirus: Stomach flu or COVID? How to tell the difference
Coronavirus: Recovered from COVID-19? Look out for these symptoms months after recovery, as per studies
VIRAL NEWS
MORE
United States: California man charged with using COVID loans to buy luxury cars
Kid teased at school for wearing glasses, celebs come together to cheer him
Social Humour: How Twitterati reacted to West Bengal Assembly election results
Social Media is the new helpline for a crisis-hit India
Kerala couple ties knot at hospital after groom tests COVID positive, bride wears PPE kit
Get the latest News delivered to you instantly!
OPEN IN APP
TOP COMMENT
You would never see this news in international media.
Jaydan Rana
Read all Comments
