Tag: Madras

Defamation suit against Subramanian in Singapore: Madras HC clears way for firm

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The Madras High Court has cleared the way for Advantage Strategic Consulting, a private firm, to proceed with a defamation suit against former Union Law Minister Subramanian Swamy in the High Court of Singapore. The court has set aside an injunction granted against the firm in 2014, citing lack of jurisdiction as the reason behind the current order.
The division bench of Justices SS Sundar and PB Balaji has stated, “In view of our above findings on all the issues, we are of the view that there is no prima facie case in favour of the 1st respondent/plaintiff (Swamy) to grant any interim order as this Court has no jurisdiction to grant anti suit injunction restraining a foreign company from prosecuting the defamation suit in a foreign country. We find balance of convenience in favour of the appellant/2nd defendant (Advantage Strategic)”.
The judges said that the earlier single judge’s verdict was based on the fact that the appellant company is a subsidiary of Advantage Strategic Consulting Private Limited based in Chennai.

Citing the Supreme Court’s order, the Madras HC said that despite being fully owned by a parent or holding company, a subsidiary would not lose its identity as a separate legal entity.
“Therefore, we are convinced that the appellant, a foreign company, even though fully owned by the 1st defendant is not amenable to the jurisdiction of this court…The judgment of the learned single judge cannot be approved for the simple reason that he has simply presumed that the appellant is amenable to the jurisdiction of this court as it is a subsidiary of the 1st defendant, an Indian company,” the judgment added.
In the court, Dr. Subramanian Swamy appeared along with Advocate R Ravi. On behalf of Advantage Strategic, senior Advocate Satish Parasaran and Advocate Rahul Balaji have appeared.
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#Defamation #suit #Subramanian #Singapore #Madras #clears #firm

( With inputs from www.siasat.com )

April 26, 2023
Suicide suspected as student dies at IIT Madras, 4th incident in 3 months

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Chennai: A second-year B Tech student, hailing from Madhya Pradesh, was found dead in his hostel room at the Indian Institute of Technology (IIT) Madras, police said on Friday.
The suspicious death, allegedly by suicide, makes it the fourth such incident occurring at the prestigious institution over the last three months.
The incident came to light on Friday when the deceased student’s friends suspected something amiss when he did not open his hostel room door. They informed the warden who contacted the Kotturpuram police station.

On breaking open the door, police found the dead body and sent it for post-mortem after registering a case.
Earlier this month, on April 2, a PhD student of IIT Madras had died by suicide. Sachin Kumar Jain from West Bengal had died by suicide in his room in Tamil Nadu’s Velachery, triggering protests on campus by students who demanded a probe into the matter.
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#Suicide #suspected #student #dies #IIT #Madras #4th #incident #months

( With inputs from www.siasat.com )

April 21, 2023
SC collegium recalls recommendation to transfer Justice Muralidhar to Madras HC

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New Delhi: The Supreme Court collegium on Wednesday recalled its earlier recommendation to transfer Orissa High Court Chief Justice S. Muralidhar to Madras High Court.
The collegium, headed by Chief Justice of India D.Y. Chandrachud, in a statement uploaded on apex court’s website, said: “The collegium resolved on 28 September 2022 to transfer Dr Justice S Muralidhar, Chief Justice of the High Court of Orissa to the Madras High Court. The recommendation has remained pending with the Government of India since then without any response. Dr Justice Muralidhar now demits office on 7 August 2023 leaving less than 4 months’ time.”
“In view of this delay, the resolution recommending the transfer of Dr Justice S. Muralidhar is recalled to facilitate the appointment of a permanent Chief Justice in the Madras High Court by the appointment of Justice S.V. Gangapurwala as its Chief Justice, as the High Court has remained without a permanent Chief Justice for more than 6 months.”

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#collegium #recalls #recommendation #transfer #Justice #Muralidhar #Madras
( With inputs from www.siasat.com )

April 19, 2023
Madras HC grants bail to Jubin Baby, wife in Villupuram case

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Chennai: The Madras High Court on Thursday granted bail to Jubin Baby and his wife Mariam in the Anbu Jothi ashram case of Villupuram district.
The couple was charged with running an illegal and unrecognised home for mentally challenged persons, and using the inmates for human trafficking and organ trade.
Justice A.D. Jagdish Chandra of the Madras High Court said, “The petitioners had been doing service to the society for the past two decades without any blemish. We’re now facing the ordeal of mere suspicion of their involvement in grave charges.”

He also said that the police were unable to come up with any concrete evidence in the matter even after two months.
The court also said that the petitioners were arrested and jailed on February 15, and even while they were in judicial custody, the police or the CB-CID had not been able to collect any solid evidence to prove the charges.
Justice Chandra observed that the personal liberty granted by the Constitution and reiterated by the Supreme Court on multiple occasions could not be denied to the petitioners based on suspicions.
He then directed the petitioners to stay in Chennai and appear before the CB-CID Metro wing daily till further orders.

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#Madras #grants #bail #Jubin #Baby #wife #Villupuram #case
( With inputs from www.siasat.com )

April 13, 2023
SC Collegium rejects Justice V M Velumani’s request to retain her at Madras HC

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New Delhi: The Supreme Court Collegium headed by Chief Justice DY Chandrachud has rejected a request made by Justice V M Velumani to retain her at the Madras High Court judge.
The Collegium by its resolution dated September 29, 2022 had proposed to transfer Justice Velumani to the Calcutta High Court for the better administration of justice.
Justice Velumani sought reconsideration of the recommendation. However, the Collegium reiterated its recommendation for her transfer.
“Justice V M Velumani has by a communication dated March 17, 2023 sought a transfer to a High Court of the North-eastern States, preferably Manipur or Tripura, on the ground that she would then be able to retain her official accommodation at Chennai.
“The request made by Ms Justice V M Velumani to retain her at the Madras High Court has been rejected by the Collegium on an earlier occasion. There is no valid reason to reconsider the earlier decision of the Collegium by which her transfer has been recommended to the Calcutta High Court or to accede to her fresh request. Her request for transfer to either Manipur or Tripura or any High Court in the North-eastern States is rejected,” a resolution uploaded on the apex court website said.
The collegium also comprises justices Sanjay Kishan Kaul, KM Joseph, MR Shah and Ajay Rastogi.
In another resolution, the Collegium accepted the request of Justice Sanjeev Prakash Sharma to be transferred to the Punjab and Haryana High Court from Patna High Court, where he is currently posted.
He had sought repatriation to the Rajasthan High Court on the ground of his poor health and unavailability of adequate medical facilities at Patna.

“The Collegium resolves that it is not possible to repatriate Mr Justice Sanjeev Prakash Sharma to his parent High Court.
“Bearing in mind the health reasons which have led the Judge to seek a transfer out of the High Court where he is posted at present, the Collegium resolves that Shri Justice Sanjeev Prakash Sharma be transferred, to the High Court of Punjab and Haryana,” the Collegium said in the resolution dated March 28.
In the third resolution, the collegium accepted the request of Justice Atul Sreedharan to be transferred to the High Court of Jammu & Kashmir and Ladakh from Madhya Pradesh High Court.
Justice Sreedharan had sought a transfer out of Madhya Pradesh on the ground that his elder daughter would enter practice next year and would be appearing before the District Court and the Indore bench of the high court.
“Mr. Justice Atul Sreedharan has stated that he does not desire to continue in the High Court of Madhya Pradesh when his daughter enters practice.
“The Collegium has resolved to accept the request of Mr Justice Atul Sreedharan and to recommend that he be transferred, in the interest of better administration of justice, to the High Court of Jammu & Kashmir and Ladakh,” it said.
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#Collegium #rejects #Justice #Velumanis #request #retain #Madras
( With inputs from www.siasat.com )

March 29, 2023
Reduced socialising during COVID main reason for suicide cases: IIT Madras Director

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Chennai: Indian Institute of Technology Madras Director Kamakotti on Wednesday claimed that the reduced socialisation during the COVID pandemic is the main reason for the suicide incidents which were reported on the campus.
In view of the three suicide incidents since September last year reported on the campus, Kamakotti said that the institution is preparing ‘Complete Suicide Prevention’ inside the premises.
“We are trying to implement everything fast,” he said.
IIT Madras launched the report on ‘Socio-Economic Costs of Suicides in Tamil Nadu’ which was released by state Health Minister M Subramanian. This report speaks about suicides and reasons for suicides and socio cost of suicides in Tamil Nadu.
While speaking to the media, Health Minister M Subramanian said that Madras IIT has launched the report on ‘Socio-Economic Costs of Suicides in Tamil Nadu’.
“This Report also would help with the going steps taken by the Tamil Nadu government to control suicides and accidents,” he said.
While answering the question on recent suicides in Madras IIT campus Minister Subramanian said, ” IIT Madras Director Kamakotti has mentioned suicides. They are not hiding anything. After September, three suicides occurred in Madras IIT. The IIT Director has pointed out 4 reasons why suicides are taking place in educational institutions. We request everyone that suicide is not a solution for anything. In future, there should be no suicide”.
Kamakotti said that the institution has been impacted by the suicide incidents.

“IIT Madras has also been impacted because of suicides. It is painful. Since September, 3 suicides have happened inside the IIT Madras campus,” he said.
“When we analyse suicide incidents, 4 main reasons we have found for suicides. Health issues, academic pressure, financial issues and personal issues. In each case, any one of these issues would have been there” Kamakotti added.
He said that the administration has taken measures to curb the suicide incidents on campus.
“After each suicide, we analysed to take measures to curb suicide. Each suicide gave us a new angle on such incidents. Specifically, after COVID, the personal touch has reduced among students. Group activities were reduced during the COVID period typically during the lockdown 2020 – 2021. Students who joined that time after their schooling never met their seniors and classrooms and they were alone at that time. This is a big challenge for us,” he said.
Detailing the steps taken to stop the suicide incidents, Kamakotti said that the administration is planning to create complete suicide prevention on the campus.
“Now we have studied the whole problem and we are planning to create complete suicide prevention in Madras IIT. We are trying to implement everything fast. This would help coming batches to completely stops suicide. Faculties, Patents and student committees all should involve and stop this. For sure there is an end to this and very soon we will implement everything. Zero suicide nation is our goal,” he said.
“Socialising is reduced during COVID is the main reason for suicides,” he added.
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#Reduced #socialising #COVID #main #reason #suicide #cases #IIT #Madras #Director
( With inputs from www.siasat.com )

March 15, 2023
Four advocates elevated as additional judges of Madras, Allahabad high courts

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New Delhi: Four advocates were on Thursday appointed as additional judges in the high courts of Madras and Allahabad.
According to separate notifications issued by the Department of Justice in the Law Ministry, advocates Prashant Kumar, Manjive Shukla and Arun Kumar Singh Deshwal have been appointed additional judges of the Allahabad High Court in that order of seniority for a period of two years.
The Supreme Court Collegium recommended their names on January 17 along with six other advocates for appointment as additional judges. The other six were elevated recently.
In another notification, the ministry said advocate Venkatachari Lakshminarayanan is appointed as an additional judge of the Madras High Court for a period of two years.
The apex court Collegium recommended his name on January 17 along with Victoria Gowri and others, including advocates and judicial officers. She has since taken oath as an additional judge of the Madras High Court.
Additional judges are usually appointed for a period of two years before being elevated to permanent judges.
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#advocates #elevated #additional #judges #Madras #Allahabad #high #courts
( With inputs from www.siasat.com )

February 23, 2023
‘A judge judged everyday by lawyers, public’, SC on appointment of Madras HC judge

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New Delhi: The Supreme Court on Friday said a judge is judged everyday by the lawyers, litigants and the public, as the courts are open and the judges speak by giving reasons in writing for their decisions, while giving detailed reasons for not entertaining two pleas filed against appointment of L.C. Victoria Gowri as judge of the Madras High Court.
A bench comprising justices Sanjiv Khanna and B.R. Gavai said: “Principle of secularism and dignity of every individual – regardless of the religion, caste or creed, is the foundation of Rule of Law and equal protection of laws.”
It further added: “Not only is the conduct and judgments delivered considered at the time of confirmation, a judge is judged everyday by the lawyers, litigants and the public, as the courts are open and the judges speak by giving reasons in writing for their decisions”.
The petitioners alleged that Gowri made “hate speeches” against Christians and Muslims and therefore, she was unfit to the post.
The bench said there have been cases where the persons recommended for elevation have expressed reservations or even criticised policies or actions, but this has not been held to be a ground to treat them as unsuitable.
The apex court said Article 51A of the Constitution casts an obligation on every citizen, and more so on every judge, to promote harmony, spirit of common brotherhood among all transcending religious, linguistic, regional or sectional diversities.
The bench said the person in question has been elevated as an additional judge and “on taking oath the person pledges to work as a judge to uphold the Constitution and the laws”. On February 7, the court had dismissed the petitions.
The bench said it goes without saying that the conduct of the judge and her/his decisions must reflect and show independence, adherence to the democratic and constitutional values.

“This is necessary as the judiciary holds the centre stage in protecting and strengthening democracy and upholding human rights and Rule of Law,” it added.
The bench noted that exercising power of judicial review upon the collegium decision would be contrary to the dictum of earlier decisions of the apex court, which are binding upon it.
“To do so would violate the law as declared, as it would amount to evaluating and substituting the decision of the collegium, with individual or personal opinion on the suitability and merits of the person,” it said.
The bench said: “We need to state that after the collegium of the High Court makes a recommendation for elevation, inputs are received from the intelligence agencies, which conduct a background check, and comments from the government are considered by the collegium of the Supreme Court consisting of the Chief Justice of India and two senior most Judges. Opinion and comments of the Judges in this Court conversant with the affairs of the High Court concerned are called for in writing and placed before the collegium.”
It further added that invariably a number of shoot down and dismissive letters and communications from all quarters are received.
“Only thereafter, and on consideration, the collegium of the Supreme Court takes a final call, which is then communicated to the government,” the bench said.
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#judge #judged #everyday #lawyers #public #appointment #Madras #judge
( With inputs from www.siasat.com )

February 10, 2023
Allow RSS marches across state: Madras HC tells TN Police

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Chennai: The Madras High Court has directed the Tamil Nadu Police to allow the Rashtriya Swayamsevak Sangh (RSS) to hold route marches on public roads in the state.
Quashing an earlier order dated November 4, 2022, passed by a single judge restricting the RSS events to their compound limits, the bench comprising Justice R. Mahadevan and Justice Mohammed Shaffiq on Friday noted that a democratic state has the responsibility to uphold the right to freedom of speech and expression of its citizens.
The bench directed the RSS to propose three dates for the march route and apply for necessary police permits.
While ordering the police to process the RSS application according to the laws, the bench also instructed the RSS to organise the march in a peaceful manner.
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#RSS #marches #state #Madras #tells #Police
( With inputs from www.siasat.com )

February 10, 2023
Why can’t govt provide gender-neutral toilets? asks Madras HC

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The Tamil Nadu government was asked by the Madras High Court to respond to a plea seeking the unavailability of gender-neutral toilets for transgender persons in the state.
The court was hearing a petition filed by a transgender person who demanded the state government be proactive in providing gender-neutral toilets at public places such as bus stops, railway stations, airports etc.
The petitioner’s counsel argued that while the government has allowed non-binary persons and transgenders to use toilets according to their self-identified gender, the ground reality is they face abuse and harassment.
When the bench asked why is there no provision as the demand seems to be legitimate, the state counsel replied that constructing such toilets will take time.
The bench even pointed out that there are no such toilets in the high court premises also and suggested the conversion of existing toilets into gender-neutral ones.
“We do not have a gender-neutral toilet even in our High Court premises. While such toilets must be constructed, in the meantime, if some of the existing public toilets are reserved to be used only by trans persons, their problem can be solved. There are so many public toilets for the physically disabled that lie unused or locked. Why don’t you reserve some of them for trans persons, and convert them into gender-neutral ones?” the bench said
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#govt #provide #genderneutral #toilets #asks #Madras
( With inputs from www.siasat.com )

February 1, 2023