SC flays Madras HC for interfering with police probe



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