Judges pass dissenting orders on referring suo motu contempt

A division bench of the Madras High Court, which dealt with the suo motu contempt proceedings against two leaders of Madurai Bar Association, today gave a split verdict on referring the matter to a larger bench.
While Justice S Tamilvanan was of the opinion of referring the matter to a larger bench, Justice C.T. Selvam was of the opinion that the matter may be decided by the present bench itself.
Justice Tamilvanan then directed the Registry to place the matter before the Chief Justice to pass appropriate orders.
The bench initiated suo motu contempt proceedings against Madurai Bar Association President A Dharmarajan and Secretary A.K. Ramasamy in connection with a procession taken out by them in Madurai protesting a high court order making wearing of helmets compulsory and raising slogans against the Judge who had passed the order and also passing a resolution making "defamatory" statements against almost all judges of the court.

The bench said the resolution passed by Madurai Bar Association was "totally against all professional and ethical norms." "They cannot introduce their jungle rule against democracy, by their illegal threat and ultimatum against the judiciary and the government...," it said.
Justice Tamilvanan said "I have no fear or hesitation in dealing with the matter and punish the contemnors properly as per law."

"However, on the facts and circumstances, I am of the view that taking action only against the contemnors herein would not be sufficient to solve the problem, as it would be a temporary remedy, to prevent the persisting illegal activities going on for number of years, since the constitution of the Madurai Bench."

"Hence, I find reasonable that a larger bench has to be constituted, preferably headed by the Hon'ble Chief Justice, to give full stop to the illegal activities of certain lawyers acting against the judicial institution, one of the important pillars of democracy in the state, since majority of the advocates are interested in proper functioning of the court but could not come forward to prevent the illegal activities of certain persons," the judge said.
The proceedings were beamed live for the first time in the Madras High Court history, amid tight police security.