CHENNAI: THE Madras High Court has rapped an in-charge Magistrate in Egmore for mechanically remanding an engineering student, also a State-level billiards player, without application of mind and in violation of the guidelines prescribed by it in the Nakheeran Gopal case.
“The arrest and remand of this petitioner is in direct violation of the guidelines given by this Court in the State vs Nakheeran Gopal case. It is really unfortunate that the in-charge Magistrate has acted mechanically in remanding the petitioner to judicial custody. This court has already given a very long rope and attempted to sensitise and educate police and magistrates regarding arrest and remand. It is now time for action. This case must send clear indications to the police as well as the judicial Magistrates that this Court will not hesitate to give directions to take disciplinary action against police for illegal arrest and against Magistrates for mechanical remand in violation of law and the guidelines given by the Supreme Court and this Court...” Justice N Anand Venkatesh said.
The judge made the observations while granting bail to the student, subject to certain conditions, on Monday. The prosecution case is that he was in the company of an accused in a red-sanders smuggling case, on February 24 last.
The judge also directed the District Forest Officer to immediately initiate disciplinary proceedings against his subordinate by calling for an explanation with regard to the violation of the guidelines issued by this Court in the Nakheeran Gopal case and Section 51 of the Forest Act, while resorting to the arrest of the petitioner and proceed further in accordance with law.
The in-charge Magistrate shall submit his explanation before this court by February 28 as to why he resorted to remand of the petitioner in this case and whether his order of remand satisfies the requirements of the guidelines given by this Court in Nakheeran case.
The petitioner was arrested by Muthialpet police while giving a lift to another real accused in the case, who was receiving coaching in Billiards from him, on Thambu Chetty street on February 22 last.