CHENNAI: In a striking acknowledgement of legal efforts by public prosecutors, the Madras High Court and its Madurai Bench have ordered the Tamil Nadu government to pay long-pending remuneration to two Special Public Prosecutors (SPPs) who fought some of the state’s most defining caste atrocity cases - the Gokulraj honour killing (2015) and the Kachanatham triple murder (2018).
On October 29, the court dismissed a government review petition and upheld its earlier ruling directing payment of Rs 12 lakh to advocate Bhavani B Mohan, who served as SPP in the Gokulraj murder case.
In his order, Justice Venkatesh lauded Mohan’s role, observing that “if not for the professional services rendered by the writ petitioner (Mohan), the entire case of the prosecution would have fallen like a pack of cards.”
Mohan appeared in 117 hearings, travelling from his hometown Bhavani in Erode district to Namakkal, Madurai, and even to the Madurai Bench of the High Court between 2018 and 2022.
The Court fixed his remuneration at Rs 2,500 per appearance under Sub-Rule (6) of Rule (4) of the SC/ST (Prevention of Atrocities) Rules, 1995, and further directed the state to cover his travel expenses under the Tamil Nadu Travelling Allowance Rules, recognising his contribution as a public duty.
While clarifying that the order should not set a precedent, the court called the case 'exceptional.'
Speaking to TNIE, Mohan said, “The judgement marks a significant milestone in Tamil Nadu’s legal history. In the Gokulraj case, all the expenses were borne from my own pocket. If seniors like me are not paid, how will young advocates opt for public prosecution?”
He further criticised the state’s handling of SC/ST development funds, remarking, “Payment to SPPs, rehabilitation, and compensation for victims must come from these funds. Yet, the government returns them to the centre.”
Earlier, in May, the Madurai Bench had passed a similar order in favour of advocate P Chinnaraj, who prosecuted the Kachanatham massacre case before the Special Court in Sivagangai. He was ordered to be given Rs 3 lakh for his travel allowance and advocate fees.
The incident, in which three Dalit men were killed and several others attacked, resulted in 27 members of the MBC community being sentenced to life imprisonment - one of the largest convictions under the SC/ST (POA) Act in Tamil Nadu, according to Witness for Justice, a Madurai-based legal aid organisation working for victims of caste atrocities.
Chinnaraj, who appeared in 145 hearings, examined 31 witnesses, and produced 97 exhibits, faced bureaucratic hurdles when his remuneration bill was rejected, he stated. Officials cited the lack of certification from the trial judge and a 2011 government order limiting daily fees to Rs 1,000.
Justice GR Swaminathan struck down this reasoning, calling it “unreasonable,” and ordered the state to “rework the remuneration appropriately,” with payment due within eight weeks.
Despite the court order, Chinnaraj told TNIE that he is yet to receive payment. “When I inquired, officials said there were no funds. If the state delays payments even to lawyers who fight for Dalit victims, how can it prevent atrocities against the marginalised?” he asked.
Both cases were taken up through petitions filed by Witness for Justice, led by K Jayasudha, represented by advocate A Nagendiran.
Jayasudha told TNIE, “That SPPs appointed through victim representation had not been compensated for years, even in cases that shaped the state’s caste justice narrative is pathetic. This will set back the next generation advocates to argue as an SPP for caste atrocity cases, thereby making justice for the marginalised questionable.”