The Supreme Court recently stayed the criminal proceedings in an attempt to murder case against a former minority wing leader of the All India Anna Dravida Munnetra Kazhagam (AIADMK) [Spurgeon Samuel vs State Rep by Inspector of Police and anr]..A bench of Justices Sanjiv Khanna and Dipankar Datta passed the order on February 6 after considering the submission by the accused Spurgeon Samuel that the concerned bar association in Tamil Nadu's Nagercoil had passed a resolution stating that no lawyer would appear for him.The Court sought the response of the Tamil Nadu Police in the matter within six weeks."Issue notice returnable within six weeks. In the meantime, there shall by stay of further proceedings in S.C. No.36 of 2022 pending in the file of Additional District Court, Nagercoil at Kanyakumari, Tamil Nadu during the pendency of this proceedings," the apex court ordered..The Madras High Court had in March last year refused to transfer the trial against the accused, former AIADMK Deputy Secretary, from Nagercoil to Tirunelveli.This led to the appeal before the apex court.The incident in question stemmed from a monetary dispute and took place in September 2021.As per the complainant, the accused stalked him in his car and then beat him with weapons in a secluded place.The Padmanabhapuram Bar Association later passed a resolution stating that none of its members would appear for the accused. The High Court, however, did not find this as violating the right to fair trial, the plea by Samuel before the apex court said."The action of the Bar Association has not been subject to any sanction by the Principal District Jugde, Nagercoil ... no disciplinary action ... has been initiated by the State Bar Council of Tamil Nadu. The said Bar Association continues to act with impunity," the petition stressed..The High Court dismissed the transfer plea on cryptic grounds without considering the tough circumstances and solely relying on the fact that one advocate did appear for the AIADMK leader, the petitioner contended..Advocates A Velan, Navpreet Kaur, Mritunjay Pathak, and Honey Kumbat appeared for the AIADMK leader..[Read Order]
The Supreme Court recently stayed the criminal proceedings in an attempt to murder case against a former minority wing leader of the All India Anna Dravida Munnetra Kazhagam (AIADMK) [Spurgeon Samuel vs State Rep by Inspector of Police and anr]..A bench of Justices Sanjiv Khanna and Dipankar Datta passed the order on February 6 after considering the submission by the accused Spurgeon Samuel that the concerned bar association in Tamil Nadu's Nagercoil had passed a resolution stating that no lawyer would appear for him.The Court sought the response of the Tamil Nadu Police in the matter within six weeks."Issue notice returnable within six weeks. In the meantime, there shall by stay of further proceedings in S.C. No.36 of 2022 pending in the file of Additional District Court, Nagercoil at Kanyakumari, Tamil Nadu during the pendency of this proceedings," the apex court ordered..The Madras High Court had in March last year refused to transfer the trial against the accused, former AIADMK Deputy Secretary, from Nagercoil to Tirunelveli.This led to the appeal before the apex court.The incident in question stemmed from a monetary dispute and took place in September 2021.As per the complainant, the accused stalked him in his car and then beat him with weapons in a secluded place.The Padmanabhapuram Bar Association later passed a resolution stating that none of its members would appear for the accused. The High Court, however, did not find this as violating the right to fair trial, the plea by Samuel before the apex court said."The action of the Bar Association has not been subject to any sanction by the Principal District Jugde, Nagercoil ... no disciplinary action ... has been initiated by the State Bar Council of Tamil Nadu. The said Bar Association continues to act with impunity," the petition stressed..The High Court dismissed the transfer plea on cryptic grounds without considering the tough circumstances and solely relying on the fact that one advocate did appear for the AIADMK leader, the petitioner contended..Advocates A Velan, Navpreet Kaur, Mritunjay Pathak, and Honey Kumbat appeared for the AIADMK leader..[Read Order]