Two news stories have brought cheer to the votaries of the rule of law. And both have emanated from the Madras High Court. Of course these days more than the State Secretariat, it is the High Court that mercifully nourishes the media.
The second one first. The Court has come to the rescue of four persons, all from the Income Tax Department. The case in question has been pending against a retired income tax officer and three income tax officials as early as from 1987 � a full twenty one years without trial! And, during this long period of time, not a single witness was examined.
Justice K.N. Basha, very correctly quashed the proceedings pending before the X Metropolitan Magistrate, Egmore. Speedy trial is a fundamental right of the accused and the four, T. Balasubramaniam, ITO (retired), V. Manoharan, Upper Division Clerk, TDS-Range-I, Chennai; K. Ettappan, Tax Assistant, office of the Additional CIT, Company Range-IV, Chennai; G. Pari, office of the Salary Range-II, Chennai would feel more than relieved. To them, the eighteen year ordeal by itself was a punishment.
The other welcome order of the Court pertains to what is known as the Nalini case. Nalini along with two other life-convicts in the Rajiv Gandhi Assassination case, S.Jeyakumar and Robert Payas, had sought the benefit of premature release. Holding that the prison Advisory Board was not validly convened, Justice S. Nagamuthu quashed the concerned proceedings of the board and the subsequent orders of the government. The issue has been remitted back to the Government.
The board meetings were not authentically convened. Even the Chairman was not informed of the meeting! And, without the authority of law, the District Collector had presided over the board meeting, though in fact the Chairman was available. While I don�t hold the brief for any individual, I believe in the dictum that justice should not only be done, but should manifestly and undoubtedly be seen to be done.
* Do not use semicolon(;)