SC flays Madras HC for interfering with police probe

Last Updated: Monday, September 14, 2009 - 22:42

New Delhi: The Supreme Court has flayed
the Madras High Court for interfering in the routine
investigations being conducted by the police and ordering the
arrest of a person in a financial dispute case.

"It is too fairly well settled and needs no
restatement at our hands that the saving of the High Court`s
inherent power is designed to achieve a salutary public
purpose, which is that a court proceeding ought not to be
permitted to degenerate into a weapon of harassment or
persecution.

"It is unfortunate that it is the exercise of the
inherent power by the High Court in this case that had
ultimately resulted in harassment of the appellants as is
evident from the subsequent events," the apex court said.

A bench of Justices R V Raveendran and B Sudershan
Reddy made the remarks while upholding the apeal of D.
Venkatasubramaniam, owner of a private company who was forced
to pay Rs 2.28 crore to M K Mohan Krishnamachari with whom he
had a financial dispute.

Though the police was conducting a fair investigation,
the High Court, on an application moved by Krishnamachari,
passed certain directions to the state police to, if
necessary, arrest, seize the property belonging to
Venkatasubramaniam`s company.

Bureau Report



First Published: Monday, September 14, 2009 - 22:42

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