An Appeal with Folded Hands

For over 15 years I have represented the State and Central Government and Public Sector undertakings and Universities in Madras High Court. Anyone may send a petition against an Officer and file a Writ Petition seeking a direction to probe the contents of the said petiton, collect evidence and take action. Courts have been granting such orders just for the asking of it, right, left and centre and that too at the admission stage. A command is issued to the Head of the Department to enquire into those allegations and take suitable action. Very innocuous as it may seem. There is nothing wrong in the order. But very next day, it appears either in all newspapers or in some depending on the ‘organizing capacity’ of the petitioner. The writ affidavit containing the allegations is handed over to the press with the appropriate bait and all allegations are publicized over the State or beyond. Anyone who reads that would without any doubt gets the impression that the officer (respondent) has committed all those that are alleged and the High Court directed action.

In my experience 90% of the allegations are, not only baseless but also false, to the knowledge of the signatory. The writ is filed (1) when the officer is likely to be promoted (2) is likely to retire (3) is recommended for some award/reward (4) when the officer takes / is likely to take disciplinary action against another Subordinate Officer. The worst happened in another case. 10 days before the marriage of respontent / officer’s daughter a writ was filed and the usual publicity in the press followed. All third rate and vulgar allegations. The daughter attempted to commit suicide when the groom had asked her about these allegations over phone. God only saved their family.

One day the Hon’ble Mr. Justice K. Govindarajan wanted to see me around 4.45 p.m. I went to the chamber. He showed me one evening Tamil newspaper which carried in detail, the news item containing the various silly allegations about an officer and the High Court’s dirrection to take action which the same learned Judge passed around 11.45 a.m. that day. The learned Judge also informed me that his stenographer is yet to type the order and it was still available in short hand in her pad only. The  learned Judge was upset.

I gathered later from some other source that the
learned Judge also had complained to the Acting Chief Justice Mr. Justice N.K. Jain who in his usual emotionless voice appears to have said “Brother, we write, press write, all are right.” He again proved what an outside Chief Justice would do. They do not want to discharge their responsibilities if they consider one section would be unhappy.

Only honest officers are the victims of such writ orders. The present Chief Secretary Ms. S. Malathi, I.A.S., a woman of sterling character and great leadership qualities also suffered this once.

There were two occasions where serious allegations were made against me. While I was a counsel of the Forest Department in the High Court some one had sent a petition that I was paid huge sums in two cases. One day Mr. S. Ramakrishnan, I.A.S., Secretary to Forest Department (who retired on 31st August 2010 as Chief Commissioner of Information under the RTI Act) called me over phone and informed with some hesitation that a petition endorsed by a Legislator has been received complaining that I was corrupt. The Secretary knew me well and was sad that a complaint had come. But he had a duty to probe. I requested him to communicate the gist of allegations (not a copy of the petition) which he did. He received a reply within 2 hours from me as under.

a) one of the two cases was decided four days before I took over and how could one say that I was paid for a case argued by my predecessor and it was a case where the interim order was made absolute after 3½ years.

b)  In the second case I had argued and the Forest Department has won with costs.

And if some one had paid me in that case it should be as a reward for my capacity and sincerity in winning the case.

Mr. S. Ramakrishnan, I.A.S., rang up and laughed over phone, ofcourse, after going through the reply. I thanked him for his response.

Yet another incident was more serious and a little strange. I was a standing counsel for Corporation of Madras during 18.10.89 and 02.07.1992. In one writ petition an association of traders who were occupying the road margins between Udayam Theatre and E.B. Sub Station (on both sides) in K.K. Nagar, Chennai complained they have been trading in old furnitures
like second hand tables, chairs, stools and so on for several years and the authorities were threatening to evict them without providing another area for them. The matter came up before the Hon’ble Mr. Justice S. Ramalingam who suggested, out ofsympathy, that they may be permitted to occupy temporarily some nearby unobjectionable area and after one or two years they should move away. This suggestion was made as road
widening could not be postopned and unless the traders are evicted roads cannot be widened. The traders asked for a certain area which was free from vehicular traffic then, in 1990.

I objected to this resettlement proposal. The Hon’ble Judge directed the Government Pleader, myself and the counsel for Housing Board to find out as to whose land was this and the objections from their clients and assured us that the objections if any, of the owner of the land would be considered.

I addressed a demi-official letter to the Commissioner, Corporation detailing out the developments, seeking his objections and views on this proposal of resettlement. There was a reply that the land does not belong to Corporation and as such there are no objections. I preserved the reply. It was really strange that counsel for Government, TNHB also said the land did not belong to them. The learned Judge smiled and said that the traders could move into this strip of no man’s land and occupy it for one or two years. The Assistant Engineer of that Division (of Corporation) who was attending court under my instructions (I foolishly thought so) urged me to oppose and I told him we can not. He was very unhappy. An order was passed by the court.

A week or so later, I was informed that a complaint has been received in writing that I had accepted a huge sum not to oppose the above proposal. That petition was sent by a resident (with a counter signature of one M.L.A.) and the petition has been forwarded to the Corporation with a covering letter from the RDLA Minister with a direction to look into the issue and remove me from the post of standiing counsel, if found true. When enquired the Assistant Engineer who was present in the court had said that I did not oppose this proposal but did not know how much was paid and who paid me (his counsel, who
remained silent).

I probed into the entire issue through my political
connections. It turned out that the M.L.A. who has counter signed the petition was planning to let the traders occupy the same land with the help of Corporation Officials, (of course, for a hefty consideration) and the, court had allotted the same area depriving ‘all concerned’ of huge benefits and that was the background of their anger.

I had already said that this was not only serious but strange as sell. It is strange that the Minister who had sent a covering letter knew my ABCDD (Attitude, Behaviour, Character and Devotion to duty) from my childhood. Yes, it is my relative Thiru Ko.Si Mani. Either he had no time to read the petition or did not enquire anything. In all fairness to him I must say my name did not find a place in the petition. ‘Standing Counsel’ only was mentioned.

I had sent a strongly worded reply under a D.O. to the Corporation Commissioner reminding

(a)   my earlier D.O. letter on this

(b)   his reply that it is not Corporation land and as such we cannot object.

I also added that (I quote) “I am at one with the Hon’ble Minister that all corrupt rascals should be flogged in public, if possible naked.”

I learnt that the Commissioner had lost his sleep for a night, at least.

But contrary  to the intentions and High Court Order the traders are still occupying the area and some have even put up super structures. Whenever I pass that side I am reminded of what happened and what did not.

The writ petitions seeking direction to investigate into the allegations are made mostly with a motive and it is so timed that atleast the cloud of court order and the shadow of investigation spoil their image and good opportunities in their carrier. I can cite several such damages caused wantonly with the aid of these socalled innocuous orders.

With folded hands and all humility at my command I make an appeal to the Hon’ble Judges

(a)   to avoid referring to the allegations against the authority in the order and

(b)   Merely direct that the complaint / petition / representa-tion dated so and so be investigated and follow it with the necessary action.

(c)   Direct that the allegations mentioned in the said representation should not be published in the press as they are yet to be looked into. No one has a right to publish mere allegations. Freedom of press does not mean freedom to publish unverified allegations.