CHENNAI: In an embarrassing first for the 156-year-old Madras top court docket, a CBI probe has been ordered after a former pass judgement on of the court docket, T Mathivanan, failed to return at least 100 case bundles after his retirement in May 2017. In a number of cases where the pass judgement on 'delivered' an oral order in open court docket, exact orders were neither delivered nor made to be had to the litigants. The bundles, too, were to not be found in the top court docket place of business.
The case bundles disappeared like (delivery) vessels going missing at Bermuda Triangle, remarked Justice G Jayachandran on Wednesday, including that since an an in-house investigation ordered by means of Chief Justice Indira Banerjee did not carry again the bundles, the court docket was once constrained to order a CBI investigation.
"It is submitted across the Bar that there are several such cases where the former judge reserved the orders, or pronounced the orders in the open court, but the order copies had not seen the light of the day," the pass judgement on mentioned.
‘Court is anxious about the missing of case records’
Justice Jayachandran mentioned, “Inquiries with the registry reveal that about 100 bundles in which the pass judgement on had reserved orders are missing and the Chief Justice has ordered the registrar (vigilance) to make inquiries and hint the bundles missing from the place of dwelling of Justice T Mathivanan, since retired.”
“It is alarming to note that case bundles, 100 in numbers, disappearing from the radar, like vessels going missing in Bermuda Triangle. Therefore, this court docket is constrained to direct the CBI to absorb the tips for investigation,” Justice Jayachandran mentioned and directed joint director of CBI, Chennai zone, to take essential motion.
Pointing out that records have been reconstructed as in step with the path of the chief justice, the bench mentioned the court docket was once frightened about the missing of case records from the chartered top court docket which may be the ‘court docket of records’. “Reconstruction of the missing records is also the solution at the administrative aspect however the fact that 100 case bundles now not returned from the place of dwelling of the retired pass judgement on can't be neglected. It seems that despite inhouse investigation ordered by means of the chief justice, till date case records sent to the pass judgement on’s records have now not been retrieved.”
“Today (July 18), in the reason record, two prison appeals, six prison original petitions and two prison revision cases were listed under the caption ‘issues in terms of reconstruction’, in these kinds of cases CBI is the prosecuting company.
The matter came to gentle after counsel for one of the most 100 aggrieved petitioner mentioned his ‘prison original petition came up for admission on March 21, 2017 and Justice Mathivanan pronounced an order allowing the petition, in the open court docket. However, the petitioner was once now not able to get the order reproduction despite cost of essential charges. Counsel additionally submitted that he had given a letter to the registrar (judicial), on September 26, 2017 informing that the pass judgement on who had handed the order demitted place of business in May 2017. However, till date he was once now not able to get the order reproduction. The status of this example is shown as disposed of on March 21, 2017 by means of Justice
The case bundles disappeared like (delivery) vessels going missing at Bermuda Triangle, remarked Justice G Jayachandran on Wednesday, including that since an an in-house investigation ordered by means of Chief Justice Indira Banerjee did not carry again the bundles, the court docket was once constrained to order a CBI investigation.
"It is submitted across the Bar that there are several such cases where the former judge reserved the orders, or pronounced the orders in the open court, but the order copies had not seen the light of the day," the pass judgement on mentioned.
‘Court is anxious about the missing of case records’
Justice Jayachandran mentioned, “Inquiries with the registry reveal that about 100 bundles in which the pass judgement on had reserved orders are missing and the Chief Justice has ordered the registrar (vigilance) to make inquiries and hint the bundles missing from the place of dwelling of Justice T Mathivanan, since retired.”
“It is alarming to note that case bundles, 100 in numbers, disappearing from the radar, like vessels going missing in Bermuda Triangle. Therefore, this court docket is constrained to direct the CBI to absorb the tips for investigation,” Justice Jayachandran mentioned and directed joint director of CBI, Chennai zone, to take essential motion.
Pointing out that records have been reconstructed as in step with the path of the chief justice, the bench mentioned the court docket was once frightened about the missing of case records from the chartered top court docket which may be the ‘court docket of records’. “Reconstruction of the missing records is also the solution at the administrative aspect however the fact that 100 case bundles now not returned from the place of dwelling of the retired pass judgement on can't be neglected. It seems that despite inhouse investigation ordered by means of the chief justice, till date case records sent to the pass judgement on’s records have now not been retrieved.”
“Today (July 18), in the reason record, two prison appeals, six prison original petitions and two prison revision cases were listed under the caption ‘issues in terms of reconstruction’, in these kinds of cases CBI is the prosecuting company.
The matter came to gentle after counsel for one of the most 100 aggrieved petitioner mentioned his ‘prison original petition came up for admission on March 21, 2017 and Justice Mathivanan pronounced an order allowing the petition, in the open court docket. However, the petitioner was once now not able to get the order reproduction despite cost of essential charges. Counsel additionally submitted that he had given a letter to the registrar (judicial), on September 26, 2017 informing that the pass judgement on who had handed the order demitted place of business in May 2017. However, till date he was once now not able to get the order reproduction. The status of this example is shown as disposed of on March 21, 2017 by means of Justice
100 case files related to one judge go missing, Madras HC orders CBI probe
![100 case files related to one judge go missing, Madras HC orders CBI probe]()
Reviewed by Kailash
on
July 19, 2018
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