Chennai: The Madras high court has initiated contempt proceedings against state home secretary, additional director general of prisons and superintendent of prison, Central prison, Puzhal, for their failure to comply with its earlier order, which dirÂected them to pass appropriate orders for the release of a life convict. A division bench comprising Justices S. Rajeswaran and P. N. Prakash directed the registry to issue statutory notÂices to the three officials.
Passing orders on a HCP filed by S. Mallika, seeking release of her son S. Ilango, the bench said despite the order passed by the court on November 13 the same has not been complied with. Therefore, instead of filing a contempt petition, the petitioner has opted to file the present HCP for the same prayer.
Additional public prosecutor filed a counter affidavit by the superintendent of prison, which stated that he appÂears to have forwarded the judgÂment copy along with office letter to the ADGP/IG of prisons to address the goÂvÂÂernment to issue neÂcÂessaÂÂry order for the releÂasÂe of the prisoner and that thÂÂey were awaiting appÂropÂriate orders from the govÂerÂnÂment.
Therefore, he praÂyeÂd for time. “Highly dissatisfied with the conduct of the respondents, we are forced to issue contempt notice as against the home secretary, who is the competent authority to pass appropriate orders according to superintendeÂnt of prisons.
It is needless to add that when an order is passed by the couÂrt, as early as on NoveÂmber 13 after hearing the additional public prosecutor, who represents the respondents, there is no justification on the part of the respondent police to await orders of the government. The order of the court should be complied with in letter and spirit without any hesitation,” the bench said.
