The Hindu : Tamil Nadu News : Contempt action against probe officer

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Wednesday, Aug 04, 2004

Tamil Nadu

Tamil Nadu

Contempt action against probe officer

By Our Staff Reporter

CHENNAI, AUG. 3. The Madras High Court today initiated contempt proceedings against a Deputy Superintendent of Police, who is the investigating officer in the Serijabanu case, for having furnished false statements and having misled the court.

Justice S. Ashok Kumar, lambasting Raman, DSP, Tirupparankundram in Madurai district, directed him "to appear in person before the court on September 14 and submit an explanation, if any, for the offence committed under Section 2(c)(ii) of the Contempt of Courts Act."

The matter pertains to affidavits and counter-affidavits filed by the prosecution in the trial court, the High Court and the Supreme Court when the bail applications of Serijabanu and her mother Rameeza, both accused in a ganja case, came up for hearing, and also when they opposed the prosecution petition to fix a date for trial.

The judge pointed out that though permission for conducting further investigation was neither sought in the trial court nor granted, the prosecution told the High Court and the Supreme Court that it was in progress.

"But when the accused persons wanted to postpone the trial or examination of witness until a report on further investigation is submitted, the prosecution said there was no such investigation."

Contradictions

Pointing out that the prosecution contradicted itself, adopting "different stands at different stages in different courts," Mr. Justice Ashok Kumar said, "it would clearly show that the police misused the powers of further investigation only for the purpose of thwarting the attempt of the accused from coming out on bail, by falsely informing the High Court and the Supreme Court that they have obtained permission to carry out further investigation."

Citing the submission by the accused that over Rs. 1.4 crores in cash seized from them was received from a Delhi-based chartered accountant, the judge said, "the statements of the persons concerned will have a direct bearing on the case to confirm or repudiate the claim of the accused."

Similarly, had further investigation been aimed at finding out the source of supply or sale of a huge quantity of ganja to the tune of more than Rs. 1 crore, it would have had a direct bearing on the case.

No further probe

"But, the further investigation did not proceed on these lines. In the guise of further investigation, worthless materials which will have no bearing on the case were collected, only to justify the contention that further investigation was conducted with the permission of the trial court, that too when such permission was never granted," the judge observed.

Apex court rulings

Citing Supreme Court rulings, Mr. Justice Ashok Kumar said that "under Section 15(2) of the Contempt of Courts Act, the High Court can act on the basis of information derived from its own sources such as records of a subordinate court or a report in newspapers or a public speech. Without there being any reference from the subordinate court or the Advocate-General the High Court can take cognisance of the contempt of court on its own motion."

He ruled that the DSP was liable to be punished for an offence under the Act, and directed the Registry to issue notice directing him to appear on September 14.

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