CHENNAI:
The AIADMK-ruled Vellore municipal corporation, which adopted a
controversial resolution criticising Bangalore special court judge John
Michael Cunha for convicting former chief minister J Jayalalithaa in the
disproportionate assets case, has been asked to publish a public
apology and send copies to the judge.
A direction to this effect was issued by the first bench of the Madras high court comprising Chief Justice Sanjay Kishan Kaul and Justice M Sathyanarayanan on Thursday, on a petition filed by DMK leader R S Bharathi, who took exception to the resolution.
Immediately after Jayalalithaa was disqualified as MLA, resulting in her being unseated as chief minister, owing to the September 27 verdict, Vellore municipal corporation adopted a resolution criticizing the judge. Samathur town panchayat near Polachi in Coimbatore district too adopted a similar resolution. After they became subject matters of a litigation in the HC, both offered to withdraw the resolutions and tender unconditional apologies.
Vellore mayor Karthiyayini filed an affidavit expressing her deep regret and apology for the offensive and derogatory remarks made against the judiciary, specifically against Cunha. She offered to publish her regret and unconditional apology through press statements.
Taking note of the offer, the judges said: "We are inclined to accept the apology and regret. She shall issue a press release and publish her regret and unconditional apology in newspapers.
A copy of the affidavit filed in court, along with our orders should be sent to Cunha." He is at present registrar (vigilance) of the Karnataka high court.
The Samathur town panchayat's chairperson admitted that the resolution was adopted in the 'heat of the moment', and that the civic body had realized its folly. At an emergency meeting on October 7,
the resolution was cancelled, she said, tendering unconditional apology on her behalf and other members.
However, after senior counsel P Wilson pointed out that as per Section 36 of the District Municipalities Act, 1920, only the government had powers to cancel such resolutions, the judges directed the government to take necessary action within a week.
The town panchayat was also told to publish an apology and send a copy of its affidavit and the order, along with the published apology, to Cunha.
The judges observed: "We hope what has happened will not arise in the futureand the deponents are truly apologetic for what they have done. It is this hope which is restraining us from taking any further action."
A direction to this effect was issued by the first bench of the Madras high court comprising Chief Justice Sanjay Kishan Kaul and Justice M Sathyanarayanan on Thursday, on a petition filed by DMK leader R S Bharathi, who took exception to the resolution.
Immediately after Jayalalithaa was disqualified as MLA, resulting in her being unseated as chief minister, owing to the September 27 verdict, Vellore municipal corporation adopted a resolution criticizing the judge. Samathur town panchayat near Polachi in Coimbatore district too adopted a similar resolution. After they became subject matters of a litigation in the HC, both offered to withdraw the resolutions and tender unconditional apologies.
Vellore mayor Karthiyayini filed an affidavit expressing her deep regret and apology for the offensive and derogatory remarks made against the judiciary, specifically against Cunha. She offered to publish her regret and unconditional apology through press statements.
Taking note of the offer, the judges said: "We are inclined to accept the apology and regret. She shall issue a press release and publish her regret and unconditional apology in newspapers.
A copy of the affidavit filed in court, along with our orders should be sent to Cunha." He is at present registrar (vigilance) of the Karnataka high court.
The Samathur town panchayat's chairperson admitted that the resolution was adopted in the 'heat of the moment', and that the civic body had realized its folly. At an emergency meeting on October 7,
the resolution was cancelled, she said, tendering unconditional apology on her behalf and other members.
However, after senior counsel P Wilson pointed out that as per Section 36 of the District Municipalities Act, 1920, only the government had powers to cancel such resolutions, the judges directed the government to take necessary action within a week.
The town panchayat was also told to publish an apology and send a copy of its affidavit and the order, along with the published apology, to Cunha.
The judges observed: "We hope what has happened will not arise in the futureand the deponents are truly apologetic for what they have done. It is this hope which is restraining us from taking any further action."
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