Muthu Karuppan vs Parithi Ilamvazhuthi & Anr

Large scale violence and several attempts of booth capturing were reported on the day of election. In respect of the same, Crime No. 958 of 2001 was registered against his opposite party candidate John Pandian and others for various offences.

Similarly, Crime No. 960 of 2001 was registered against Respondent No. 1 by one David for various offences. John Pandian was arrested on 10.05.2001 and remanded to judicial custody. Respondent No. 1 filed an application for anticipatory bail being Crl. M.P. No. 6244 of 2001 before the Sessions Court, Chennai and the same was dismissed on 16.05.2001 stating that the investigation is at an early stage and enlargement would hamper the investigation.

(b) On 17.05.2001, Respondent No. 1 was arrested and remanded to judicial custody. On the same day, Muthu Karuppan-the appellant herein was appointed as 2 Commissioner of Police, Greater Chennai City and assumed charge. On 21.05.2001, Respondent No. 1 moved an application for bail being Crl. M.P. No. 1379 of 2001 before the XIV Metropolitan Magistrate which was dismissed on the same day. On 22.05.2001, Respondent No. 1 moved an application for bail being Crl. M.P. No. 6277 of 2001 before the Principal Sessions Court, Chennai mainly on the ground that he has to attend the Assembly which has commenced on 22.05.2001 to take oath as MLA. On 23.05.2001, Respondent No. 1 was granted conditional bail by the Sessions Judge.

(f) Aggrieved by the judgment and order of the High Court, appellant herein filed Criminal Appeal No. 1376 of 2004 before this Court and on 13.12.2004, this Court admitted the appeal 4 and stayed the operation of the impugned order insofar as it relates to the appellant. Respondent No. 2 also filed Criminal Appeal No. 1500 of 2004 before this Court and by order dated 05.01.2005, this Court dismissed the appeal on merits holding that the case of the Commissioner of Police stands entirely on a different footing.

4) Before going into the correctness or otherwise of the impugned order of the Division Bench punishing the appellant for the offence under Section 2(c) of the Act and sentencing him under Section 12 of the Act to undergo simple imprisonment for 7 days, it is useful to refer the facts leading to initiation of contempt proceeding. It is the grievance of Respondent No. 1 that after the grant of bail, Respondent No. 2 filed a false affidavit in Criminal O.P. No. 9352 of 2001 that the police custody had been ordered by the XIV Metropolitan Magistrate on 23.05.2001, based on which, the learned single 5 Judge of the High Court stayed the order of grant of bail passed in favour of Respondent No. 1. After preliminary examination, the Division Bench, by order dated 20.06.2001, issued notice to Respondent No. 2 herein to show cause as to why contempt proceeding against him should not be initiated for having made false statement with intent to mislead the Court. In the same proceeding, the Division Bench directed issuance of notice to the Commissioner of Police-appellant herein as to the averments of an elected MLA being in police custody could not reasonably have been made prima facie without the knowledge of the Commissioner, more so, when the election had just taken place and the elected member was required to take oath, but by reason of his detention was being prevented from taking oath. In the same paragraph, it was further stated that the extent to which the Commissioner had knowledge about the filing of the petition for cancellation of bail, the instructions, if any, he had given in that regard, the persons to whom such instructions had been given and the nature of instructions shall also be disclosed by the Commissioner in his affidavit.

5) Based on the notice issued by the Division Bench in its order dated 20.06.2001, the appellant-Commissioner of Police, Chennai City, at the relevant time and the second respondent Inspector of Police (L&O), Chennai filed separate affidavits explaining their stand.

15) Now, coming to the merits of the impugned order of the High Court, contempt proceeding was initiated mainly on the basis of a false statement made on oath by Respondent No. 2 which resulted in stay of the bail order passed by the Sessions 12 Judge, Chennai in favour of the Respondent No. 1, and prevented him from taking oath in the Assembly. Inasmuch as the High Court has dealt with the issue elaborately on factual aspects and we also adverted to the same in the earlier part of our judgment, there is no need to traverse the same once again. In respect of violence on the day of election, Respondent No. 1 was arrested and remanded to judicial custody on 17.05.2001. On the same day, that is, on 17.05.2001, the appellant was appointed as Commissioner of Police, Greater Chennai City and assumed charge. On 21.05.2001, Respondent No. 1 moved an application for bail in Crl. M.P. No. 1379 of 2001 before the XIV Metropolitan Magistrate which was dismissed on the same day. On 22.05.2001, Respondent No. 1 moved an application for bail before the Sessions Judge in Crl. M.P. No. 6277 of 2001 mainly on the ground that as the new Assembly Session commences on 22.05.2001, he has to take oath and further the victim, namely, David has also been discharged from the hospital. On 23.05.2001, Respondent No. 1 was granted conditional bail by the Sessions Judge mainly on the ground 13 that he has to take oath as MLA. It is further seen that against grant of bail to Respondent No. 1, Inspector of Police-

APRIL 15, 2011.