Chennai: Demanding to know under what capacity N. Ram of The Hindu appeared and argued for Nakkeeran Gopal, editor of Tamil magazine Nakkeeran, the Madras high court has directed XIII Metropolitan Magistrate S. Gopinathan to file a report on or before November 28, explaining as to why and under what provision of law, he permitted N. Ram to make his submissions in the case.
Justice Anand Venkatesh gave the directive on a petition filed by the state government challenging an order of the XIII MM, Egmore, dated October 9, 2018, refusing to remand Nakkeeran Gopal, when he was arrested in connection with publication of defamatory reports against the Governor and Raj Bhavan officials and produced before the court for remand.
The judge said this court is not happy with the manner in which the proceedings have been conducted by the court below. The court below has virtually converted the court into a public platform.
This attitude of the judges playing to the gallery should be stopped. Judges shall be beyond all this and they were only expected to deal with the cases placed before them.
This court does not understand as to how the court below allowed N.Ram to make his submissions in this case. N.Ram is a rank outsider in so far as this case was concerned. He did not have the locus standi to make any representation before the court. Court proceedings cannot be made as a platform for expressing public opinion. Court proceedings have to confine itself to the facts of every case and the law involved therein. “The other disturbing factor as seen by this court is that the order passed by the XIII Metropolitan Magistrate has recorded the submissions made by N.Ram”, the judge added.
Earlier, pointing out the strange manner in which the proceedings had been conducted by the court below at the time of considering the remand of Gopal, the Special public prosecutor submitted that in a court proceeding either a person can appear as a party in person or he can be represented by a counsel or the person concerned can give a power in favour of another person to appear for him and on his behalf. In this case, N.Ram seems to have appeared before the court below and made submissions regarding freedom of the press, the SPP added.
The judge posted to November 29, further hearing of the case.
