MADURAI: The Madurai Bench of Madras high court has recommended to the Chief Justice to initiate contempt action or disciplinary proceedings against the judicial magistrate, Melur, for disobeying it orders in the illegal granite mining cases.
“One can wake up a sleeping man, but not a person pretending to sleep. Learned judicial magistrate, Melur, appears to be of the latter category,” observed Justice P. N. Prakash while directing the registry to send a copy of its order to the Chief Justice for initiating contempt action or disciplinary proceedings against judicial magistrate of Melur for insubordination.
Public prosecutor R. Shanmugavelayutham moved the petition stating that the magistrate was refusing to follow the direction of this court’s earlier orders.
The Keelavalavu police filed a final report in the illegal mining case charging 23 accused under various sections of IPC including 447(criminal trespass); 379 (theft); 420 (cheating); 471, 304 (II) read with 511(Causing death) and sections 6, 3(a) , 4 (a) of Explosive Substances Act and under various provisions of SC/ST (Prevention of Atrocities) Act. But the JM Melur has taken cognisance of offence only under 379 IPC.
When the public prosecutor told the court that nearly 98 similar charge sheets submitted by police in the illegal mining cases were pending for disposal because the JM Melur takes cognisance of offence only under 379 IPC, the court also directed to take cognizance of all offences and commit the cases to sessions court.
But the magistrate failed to follow the high court directive. Subsequently, the high court asked him to file a report. In his report, the magistrate contended there was no intention on the part of the accused to cause loss, and therefore he had refused to take cognisance of the major offences disclosed in the final reports.
“This court is smelling a rat in the act of the learned judicial magistrate, Melur, in as much as the persons involved in illegal quarrying are mining barons, who are not ordinary mortals,” the judge said.
In this case the earlier orders of this court clearly mentioned that there was material to take cognisance of offences under TNPPDL act. Elaborating it, Justice Prakash said if a person committed mischief by doing any act in respect of any property, even if the value of loss was '100, he is liable to be punished.
In these cases, the accused have used explosives to blast government property for illegal quarrying. Hence, it could not be stated that the accused did not have any intention or knowledge about the consequences of the act done by them, observed the judge adding that the investigating officer had collected sufficient material for the offences and had filed them along with the charge sheet. But the magistrate didn’t make any progress following its earlier orders, Justice Prakash said.
