Vanchinathan case referred to chief justice; judge censures him

Time of India

6 days ago

Madurai/Chennai: "You are a comedy piece, I don't know who called you a revolutionary." This was the remark made by Justice G R Swaminathan of
Madras high court
to a Madurai-based advocate S Vanchinathan, who had been summoned to court on Monday.
Amidst protest by several Bar associations against the notice or any contempt action against Vanchinathan, a division bench of Justice Swaminathan and Justice K Rajasekar said it was not contempt notice but only a 'pre-cognizance notice'.
Noting that the notice was sent for 'a scandalizing campaign' carried out by Vanchinathan in social media, the judges referred the matter to the chief justice of Madras high court for further proceedings.
The first bench of Justice Manindra Mohan Shrivastava and Justice Sunder Mohan, before which the matter was mentioned on Monday, said the issue would be dealt with in the administrative side of the HC.
It all began on July 24 when a division bench in Madurai first summoned Vanchinathan after he wrote a letter to the chief justice of India, complaining about Justice Swaminathan's orders and conduct both inside and outside the court.
Taking exception to social media posts related to the issue, the judges asked Vanchinathan if he still stood by his allegations. To this, the advocate replied that he would respond only if the query was given in writing.
The judges then ordered the court registry to issue a questionnaire to Vanchinathan.
However, on July 26 seven former judges of the Madras high court wrote a common representation seeking the withdrawal of the proceedings against Vanchinathan.
On their part, several Bar associations had declared that they would hold protests in front of the principal bench as well as the Madurai bench of the high court, besides the district court in Madurai. Several political parties had also issued statements against initiating contempt against Vanchinathan.
On Monday, there were protests at several courts.
On Monday, the bench expressed its dissatisfaction with the former judges who had signed the representation and said: "We have to record our dismay as to how such interference with the judicial process can be made.
Several assumptions which have no factual basis have been made. We characterise their approach as most unfortunate."
Vanchinathan has mobilized a group of lawyers and retired Judges to rush to his rescue, they said, adding, "they have also passed reckless comments without waiting for today's outcome. Gratuitous appeals and advice have poured forth. We ignore them with the contempt which they deserve."
Cautioning that communal campaigns on social media would eventually weaken the judicial system itself, the bench said: "Time has come to regulate the level of discourse in social media.
In the name of freedom of speech and expression, one cannot condone acts of contempt. The channels which rake in money by such slanderous campaigns will have to be taken head on. Lawyers who make such statements are guilty of professional misconduct.
There is something called Laxman Rekha which if crossed must invite peril."
Lawyers and judges belong to one large family, said the bench, adding: "They are members of the legal community. When a judge sits on the dais, he discharges his judicial duties as per his conscience and by strictly adhering to the judicial oath. He cannot be seen as carrying on his caste or religious labels while on the bench. If someone continues to have such a perception, he obviously has jaundiced eyes."