Latest news with #JusticeBPugalendhi
Time of India
19-07-2025
- Business
- Time of India
HC hails TN's steps against fraud firms, calls SOPs a tangible relief
1 2 Madurai: Appreciating the state govt for issuing comprehensive standard operating procedures (SOPs) for the effective implementation of the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, pursuant to the court's earlier directions, Madras high court observed that what began as a matter of judicial concern has now evolved into a framework that promises tangible relief to affected depositors. Justice B Pugalendhi observed that the practical working of the TNPID Act was vitiated by administrative delay, lack of coordination, lack of proactive monitoring or awareness programmes, and absence of timelines, all of which defeated the very object of the legislation. These failures reduced the efficacy of the Act, leaving thousands of poor and middle-class depositors in prolonged distress. The judge observed that the court earlier issued certain directions to the state to prompt systemic reform and restore public faith in the process. Pursuant to the directions, the govt showed a meaningful response and structural progress. After a high-level meeting chaired by the chief secretary, comprehensive SOPs were issued on July 9 by the home department, bringing together all departments concerned under a common and time-bound procedural umbrella by issuing a GO. "The court also notes with appreciation that by the GO, the category of 'economic offender' has now been included as one of the categories under the Tamil Nadu Act 14 of 1982 (Goondas Act). by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like American Investor Warren Buffett Recommends: 5 Books For Turning Your Life Around Blinkist: Warren Buffett's Reading List Undo This legislative inclusion empowers the authorities to invoke preventive detention against habitual offenders operating fraudulent financial establishments. This is a significant policy shift that strengthens the govt's arsenal to combat economic offences that affect public order and investor confidence, and hence, it deserves particular commendation," the judge observed. The judge observed that the court suggested the govt consider appointing a retired high court judge or a senior IAS officer as a full-time competent authority to expedite recovery and refund proceedings and inspire depositor confidence. The govt has now proposed the appointment of zonal-level officers as additional competent authorities, in addition to the existing district revenue officers, thereby decentralising and strengthening the overall enforcement machinery. The judge also appreciated the state public prosecutor Hasan Mohammed Jinnah and additional public prosecutor T. Senthil Kumar, who appeared in this matter and played a crucial role in communicating the concerns of the court to the govt. Their contribution reflects the important role that law officers play in bridging the judicial and executive institutions in matters of public interest and ensuring that judicial concerns are translated into administrative action, the judge observed while disposing of a contempt petition.
New Indian Express
12-07-2025
- New Indian Express
Madras HC urges strict adherence to NDPS Act procedures for seized articles
MADURAI: The Madurai Bench of the Madras High Court directed all the investigating officers, prosecuting agencies, and special courts handling cases registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, across the state to strictly comply with the procedures outlined in Section 52A (disposal of seized articles) of the Act and the NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2022. The home secretary and the registrar general of the Madras HC have been directed to soon issue a comprehensive circular in this regard. Justice B Pugalendhi issued the directive while hearing an appeal filed by R Manimaran, seeking the return of his lorry seized in an NDPS case in 2021. Though Manimaran was acquitted in the case in 2023, the Additional District Court for EC and NDPS Act cases in Pudukkottai dismissed his request to return the vehicle. Observing that the appellant, until 2023, did not claim ownership of the lorry throughout the investigation and the trial, the judge said had Manimaran come forward earlier, his potential connection to the offence could have been examined further. The judge also noted the investigating officer's failure to initiate pre-trial disposal proceedings under Section 52A of the NDPS Act. The court noted that pre-trial disposal should be considered an integral part of the case processing and not an afterthought. Special courts are mandated to actively monitor compliance, and Drug Disposal Committees must expeditiously process referred properties to prevent administrative delays and loss of evidentiary integrity, it noted. The judge said, 'The legislative intent behind the procedure stems from an operational necessity to prevent overcrowding of judicial or police custody spaces, eliminate risks of pilferage or decay, and reduce the burden on courts to determine ownership, post-trial,' adding that long-term retention of such properties has often led to deterioration, theft or unauthorised usage. As the investigating officer has already moved the trial court for permission to refer the vehicle to the Drug Disposal Committee, the HC directed the trial court to dispose of the application.
Time of India
11-07-2025
- Time of India
Right to privacy can be curtailed when it's for public interest: HC
1 2 3 Madurai: The right to privacy , like all fundamental rights, can be reasonably curtailed when there is a larger public interest involved, observed Madras high court while allowing a plea by an electrical inspector who was arrested on graft charges. The plea sought to secure the voice sample of the complainant in the case, on the ground that it is for the limited purpose of expert analysis in the pending trial. The court was hearing a criminal revision petition filed by C J Christopher Signi. The petitioner, who served as the electrical inspector in Tirunelveli district, was arrested for accepting a bribe of Rs8,000 from a contractor for issuing a safety certificate for a 20 KVA generator in 2018. The petitioner filed an application before the trial court seeking forensic examination of certain audio and video recordings pertaining to the case and also sought to secure the voice sample of the complainant. His application was rejected by the Nagercoil chief judicial magistrate court. Challenging the same, the petitioner filed the present criminal revision petition. The govt advocate for DVAC submitted that the voice sample of the complainant, who is a witness, cannot be compelled without infringing upon his personal liberty and right to privacy. Compelling such a sample from a private citizen would open the floodgates to misuse and overreach. Justice B Pugalendhi observed that the Supreme Court has held that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution. However, this right is not an absolute right. The refusal to call for the voice sample, when it is the only means to conduct a scientific comparison, cannot be justified merely on the plea of privacy, especially when the sample is sought under judicial supervision and for the limited purpose of expert analysis in a pending trial. "The petitioner, like any accused, is entitled to a fair opportunity to disprove the allegations against him. Denial of access to forensic comparison in the face of specific electronic material forming part of defence evidence amounts to curtailment of such a right," the judge observed. Hence, the judge allowed the criminal revision petition and set aside the order passed by the trial court. The judge directed the trial court to permit the forensic examination of the audio and the video recording by a competent govt forensic laboratory, by fixing an outer time limit. The trial court shall take necessary steps to secure the voice sample of the complainant, under due process, for the limited purpose of expert comparison. The judge also directed to proceed with the trial expeditiously, since it is of the year 2020.
Time of India
19-06-2025
- Time of India
HC pulls up officials for lapses in preventing cracker unit accidents
Madurai: Madras high court has reprimanded officials of PESO, police, as well as industrial safety and health departments for their oversight in preventing frequent accidents in fireworks units, causing loss of workers' lives in Virudhunagar district. The court called for details of cases registered in the last five years while issuing a series of directions to officials to take steps to prevent such accidents. Justice B Pugalendhi said the repeated pattern of accidents — 131 deaths and 146 serious injuries between 2019 and 2023 in the region — suggests a chronic absence of inspection, enforcement, and accountability. "The regulatory bodies, despite knowing the hazardous nature of the work and workers' vulnerability, failed to discharge their constitutional obligation under Article 21 to protect the right to life of citizens working in high-risk industries. This lapse cannot be termed accidental; it is structural and ongoing," observed the judge. The judge noted that in the Achankulam fireworks accident case in Sivakasi, retired Justice K Kannan committee's report found subleasing of licensed premises, overcrowding, untrained workers, chemical mixing in open areas, and locked exits as major causes of the blast. Though a criminal case is registered for various offences whenever an accident occurs, investigations are conducted mechanically. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch CFD với công nghệ và tốc độ tốt hơn IC Markets Tìm hiểu thêm Undo "It appears that FIRs registered in 2019 and 2020 remain pending in 2024. There is no engagement of explosive experts, no forensic reports, and no meaningful determination of the cause," it said. Sections 9(1) and 9A of the Explosives Act mandate cause-based investigation and remedial recommendations, apart from the criminal investigation. However, these provisions are routinely overlooked, and neither the district collector nor the Controller of Explosives, PESO, have suggested any viable remedial measures. The judge asked the DGP to ensure that fire accidents involving explosives are investigated by personnel equipped with adequate technical knowledge, with due assistance from forensic experts. Under Rule 11 of the Explosives Rules, each factory is mandated to appoint a qualified foreman and a safety officer/supervisor (BSc Chemistry) in the ratio of 1:50 workers. However, these roles are often vacant or filled without proper qualification. Though the rules also mandate periodic safety audits, and adherence to quantitative and procedural restrictions, none of these safeguards were meaningfully implemented. The industrial safety and health department, which bears statutory responsibility to oversee factory safety under Factories Act and Tamil Nadu Factories Rules, is critically understaffed, the judge said. The judge directed the Director of Industrial Safety and Health to ensure strict enforcement of safety norms under various statutes, including compliance with licensing limits, mandatory appointment of safety personnel, periodic inspections, and safety training. According to rules, a district magistrate or district revenue officer is empowered to issue licenses when the total quantity of explosives, including raw materials, processed material, and finished goods, does not exceed 15kg. Quantities ranging from 15kg to 500 kg fall under the jurisdiction of the controller of explosives, PESO, and those above 500 kg under chief controller of explosives, PESO. However, it has come to light that DROs have issued licenses beyond their jurisdiction by permitting multiple sheds or exceeding the 15kg limit. Such licenses are patently invalid. The judge directed the chief controller of explosives, PESO, to take necessary steps to scrutinise licensing practices in Sivakasi and other firework clusters and take appropriate action wherever licenses are found to be issued in excess of the legal limits. The court said that in cases where it is established, upon inquiry that the accident occurred due to the employer's fault, including non-compliance with licensing conditions, safety protocols, or subleasing of premises, the licensing authority shall take appropriate action, including cancellation of licence. "The responsibility to regulate hazardous industries is statutory, not discretionary," observed Justice Pugalendhi.
New Indian Express
16-06-2025
- Politics
- New Indian Express
Madras HC relaxes curbs for Murugan meet; advises organisers to ensure harmony
MADURAI: After Hindu Munnani raised objections to six of the 52 conditions imposed by Madurai city police for its 'Muruga Bhakthargalin Aanmeega Maanaadu' which is scheduled to be held on June 22, the Madurai Bench of Madras High Court has relaxed some conditions and advised the organisers to ensure communal harmony is maintained during the event. The six conditions which were objected to included obtaining vehicle pass for participants, ban on taking out vehicle rallies, submitting in advance details of participants, getting permission from HR and CE department and Madurai City Corporation, ban on using drones. Justice B Pugalendhi upheld the condition of obtaining vehicle pass from the jurisdictional police, and directed police to dispose of applications within 24 hours and also pass a speaking order in case of rejection. As police would be issuing vehicle passes, they would have details of participants, the judge pointed out and struck down the condition which required the organisers to submit in advance the list of participants. With regard to vehicle procession, the outfit's counsel assured that they do not plan to take out any rally.
