The Madras High Court today quashed two government orders of July 28 2011 and August 11 2011 for formation of 36 anti Land Grabbing Special Cells to deal with them and constituting special courts in some districts to conduct trial of such cases under the Code of Criminal Procedure.
The First bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M Sathyanarayanan, did so after hearing petitions challenging their validity but gave the government liberty to bring in any appropriate legislation on the lines of A.P. Land Grabbing (Prohibition) Act, 1982 or a better one.
"Though it is to be stated that government has power to appoint Special Judge to try a particular case or group of cases, in the case on hand investigating and trying the cases related to land grab which falls under sections 447, 420 and 506(ii) of IPC and other offenses, regular courts are conferred with jurisdiction to try those cases and no purpose will be served by keeping such special courts in existence."
The petitioners contended that the former Chief Minister, who is also General Secretary of ruling AIADMK, has taken steps to 'punish' all former DMK Ministers and their representatives under the guise of land and property/immovable property bought by them or negotiated, through police force by constituting special cells in all districts under her direct supervision.
Even the AIADMK poll manifesto had made an announcement that action would be taken in this regard as soon as the party comes to power, they said.
The petitoners submitted that even the budget speech on August 4, 2011 stated that police were prompt to act in respect of forcible land-grabbing which occured during the previous DMK rule and special cells were formed at district levels.
They contended that based on false complaints obtained by police from 'so-called affected parties', vendors and even without any preliminary enquiry to find the genuineness or authenticity of the complaints, indiscriminate arrests were made even at midnight "as if the purchasers are terrorists."
In some cases,the Goondas Act has been invoked, they said.
