The Madras High Court Tuesday deprecated a magistrate for allowing a top journalist to make submissions when the editor of a Tamil magazine was produced for remand recently.
Tasking the magistrate to file a report on why and under what provisions of law he allowed former Editor-in-Chief of The Hindu, N Ram to make submissions in the case, Justice Anand Venkatesh observed that court proceedings should revolve around law and facts of the case.
The matter pertains to the arrest of Tamil magazine Nakkeeran's editor, R R Gopal last month and his release by XIII Metropolitan Magistrate, S Gopinathan.
The magistrate had rejected a police plea for remand, holding that there were no materials to do so.
Gopal was arrested in connection with the publication of alleged derogatory contents against Governor Banwarilal Purohit in Nakkeeran.
The judge before whom a challenge petition of the Tamil Nadu government came up for hearing Tuesday said court proceedings cannot be a platform for airing opinions.
The government's present plea was against the order of refusal of the magistrate to remand Gopal to judicial custody on October 9.
"This court is not happy with the manner in which the proceedings have been conducted by the court below. The court below has virtually converted the court into a public platform.
"This attitude of judges playing to the gallery should be stopped," the Judge noted after recording the submissions of the Special Public Prosecutor (SPP) representing the state government.
Judges shall be beyond such things and they are only expected to deal with cases placed before them, he said.
The judge in his order further said, "this court does not understand as to how the court below allowed N Ram to make submissions in this case. N Ram is a rank outsider in so far as this case is concerned. He did not have any locus standi to make any representation before the court."
Referring to the record of submissions made by Ram, the judge said "the other disturbing factor as seen by this court is that the order passed by XIII Metropolitan Magistrate has recorded the submissions made by N Ram."
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