Chennai: Madras high court has cautioned the state government that it would step in and issue guidelines, if a proper legislation is not drafted within two months, to curb the menace of kangaroo courts. A division bench comprising Chief Justice Sanjay Kishan Kaul and Justice M. Sundar gave the caution while passing further interim orders on a petition from K. Gopal of Thiruvottiyur and another taken up PIL based on a newspaper report relating to ostracising a family from a village by the katta panchayatadars.
“We are pained at the approach adopted by the state government in not doing anything about an issue like kattapanchayat, which seeks to subvert the judicial process and consequently, the Constitution of India. We have been receiving only assurances for more than a year despite the ground work done by the amicus while submitting his report,” the bench said. The bench said on January 22, 2016, it had recorded the facts set out by the principal secretary to the government, public and rehabilitation department, in his affidavit that a proposal to enact a Special Law with regard to kattapanchayat was under active consideration of the government and some time may be required for the same.
“We find the position no different in the request made by the Advocate general today once again saying that a special law has to be framed and that the earlier thought process was to make amendments to the Act 14 of 1982. The so-called earlier thought process is not reflected in the affidavit of the secretary, which is categorical that a special law was being framed,” the bench said.
“We had expressed our anguish on September 6, 2016, and thereafter, the secretary, who was present in court, had requested two months to take a decision as recorded on November 14, 2016 and giving an undertaking in this behalf. We are constrained to draw the only conclusion that the state government does not seem to be interested in drawing up legislation on this important issue, though the advocate general contends that the draft legislation will be ready in two months,” the bench added. The bench posted to March 24, further hearing of the case.
