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Madras HC pulls up city police over clash with advocates

Thursday's police action led to violent protests between counsellors and cops which spread to other areas in Tamil Nadu.

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The Madras High Court has directed city police to name on whose authority cops entered the court and lathicharged lawyers on February 19 that left many injured and destroyed property and asked TN government why it should not pay compensation for repairing the damage caused.

A bench comprising of acting chief justice (ACJ), SJ Mukhopadhaya and justices V Dhanapalan and K Chandru, which held a special sitting on Saturday night directed Chennai Police Commissioner and the Joint Commissioner (North) to give specific names and designations of police personnel at whose instance the action in the court campus took place.

In order to arrest certain accused in connection with the attack by a group of lawyers on Janata Party president Subramanian Swamy on Tuesday last, city cops and Swift Action Force entered the upper court on Thursday which led to clashes with advocates culminating in a batton charge.

Thursday's police action led to violent protests between counsellors and cops which spread to other areas in Tamil Nadu following which all courts in the state were ordered closed till February 24 while the Joint Commissioner (Chennai North) M Ramasubramani, under whose jurisdiction the High Court comes, was transferred. Shoot at sight orders have also been issued against those trying to damage public property and create a disturbance. 

After the special sitting on Saturday night, the Bench also asked the government to file a reply as to why it should not be directed to pay compensation for personal injury, damage to property and meet all expenses for immediately repairing the court premises, court halls, furniture and lawyers chambers, including that of the state counsel.

Observing that after the clash it was found that court buildings had suffered extensive damage, the judges said "it not only requires money for repairing but in the present position some of the courts may not be in a position to function without extensive repairs being made."

They said it had been reported that the damage had been caused by the security personnel. However, a decision on contempt proceedings, if any, could only be taken after receiving a report from the police giving names of those instrumental in the matter, they said.

"From the information we could get till date, it has not been identified as to who are the police officers or police personnel responsible for the police excesses within the court campus nor any step seems to have been taken till now though it is informed that the government is looking into the matter", the judges said.

Meanwhile, chief justice of India KG Balakrishnan has described the recent clashes as "very, very unfortunate".
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