HC orders magistrate to pay Rs one lakh compensation

Stated to be the first of its kind verdict in its annals, the Madras High Court has directed a woman judicial magistrate in Dharmapuri to pay Rs one lakh compensation to a woman for violating her fundamental rights.
The court also ordered departmental proceedings against her holding that the acts of the judicial officer were not "bona fide".
Justice Vinod K Sharma yesterday also imposed a cost of Rs 10,000 on the magistrate for filing a false affidavit to the effect she did not order for the judicial custody of the petitioner.
"The action of Gunavathy, the Judicial Magistrate-I in Dharmapuri was not bona fide. Her negligence had been pointed out as early as in October, 2000. But she had not chosen to correct the same. Instead, she continued to treat S Velankanni, the petitioner in the case, as an accused and released her only on bail bond", the judge observed.

The Judge further observed that "By her irresponsible act, Gunavathy had deprived Velankanni of her liberty and hence, violated her fundamental rights and ordered Rs. One lakh compensation.
The State should pay the amount immediately to Velankanni and recover the same from Gunavathy in accordance with law, the judge added.

Additionally, since the JM had filed a false affidavit in the High Court, she should be proceeded against departmentally for acting with extreme negligence and further notice should also be issued to her to show cause as to why proceedings under Sec 340 of the CrPC should not be initiated against her, the judge said and directed that the matter be placed before the administrative side of the Madras High Court for initiating action against Gunavathy.

According to petitioner, a native of S Kollapatti village and belonging to Christian Dobhi community, one John Kennedy, a Vanniar Christian of Sellayampatti, was in love with her.
Following assurance of marriage, she entered into physical relations with Kennedy and became pregnant. However, Kennedy refused to marry her and suggested that she undergo an abortion. The woman lodged a complaint with the All Women Police in Dharmapuri and the case was placed before Gunavathy.