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3.Background of the case in RC 1(S)/2009/SCB/CHN is as follows:

(i)B4 High Court Police Station functioning within the Campus of Madras High Court since 1996. Earlier, the Advocates of Madras High Court Boycotted the Court proceedings from 29.01.2009 to 17.02.2009 on Srilankan Tamil issue and on 18.02.2009 against the proposed Amendments to the Code of Criminal Procedure. On 17.02.2009, when Dr.Subramaniam Swamy, Janata Party leader appeared in the Court Hall No.3 of Madras High Court, a group of Advocates assaulted him and the Police personnels present and disrupted the Court proceedings. The Police (B4 High Court Police Station) registered a case in Crime No.13 of 2009 for offence under Sections 147, 451, 355, 353, 332, 506(ii) and 307 IPC r/w Section 3(i) of Tamil Nadu Property (Prevention of Destruction & Loss) Act, 1992 on 18.02.2019, against 14 named Advocates and 6 others on the complaint by Mr.Khader Mohideen, Assistant Commissioner, High Court Range. The Police made efforts for arrest the https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 05:03:31 pm ) Crl.O.P.Nos.5101 of 2019 batch named Advocates in Crime No.13 of 2009, on 18.02.2009 and one Advocate arrested.

20.Pursuant to the incident on 17.02.2009, the Additional Director General of Police (Law and Order) wrote a letter to the Registrar General pointing out the unsavory incident that took place in Court Hall No.3 and sought for the concurrence, to register a criminal case and set the criminal law in motion against the Advocates. The Registrar General by communication dated 18.02.2009 informed the Commissioner of Police that it is for the Police to register any criminal case on its own and the concurrence of the Registry is not required in law. In fact, the Hon'ble Acting Chief Justice showed a list of seven to eight lawyers who are involved in the incident. The Police registered a case in Crime No.13 of 2009 under Sections 147, 451, 355, 353, 332, 506(ii) and 307 IPC r/w. Section 3(i) of TNPPDL Act at B4 High Court Police Station on 18.02.2009 against 14 named Advocates and 6 others, on the complaint by Mr.M.P.R.Khader Mohideen, Assistant Commissioner, High Court Range. The Police made efforts to arrest the accused named in Crime No.13 of 2009 and one of them was picked up from his residence.

23.The Police operation on 19.02.2009 in the High Court campus resulted in injuries to a High Court Judge, Subordinate Judges, Advocates, Court Staff, Media persons, public and others. The injured were taken to various Hospitals for treatment. The Additional Director General of Police (Law and Order), Additional Director General of Police (Intelligence), the Principal Secretary (Home), the Public Secretary and Chief Secretary all called to the Chambers of the Hon'ble Acting Chief Justice around 18.40 hours and the Full Bench passed orders restraining the Police not to pick up any Advocate in connection with the cases registered and to release the persons, if https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 05:03:31 pm ) Crl.O.P.Nos.5101 of 2019 batch taken in custody, ensure proper medical treatment is provided and compensation to be paid to the damaged vehicles. For this incident, a case in Crime No.,15 of 2009 under Sections 147, 353, 332, 450, 436 and 307 IPC r/w. Section 3(1) of TNPPDL Act registered at B4 High Court Police Station on 19.02.2009 at 17.20 hours. On 20.02.2009 again some agitated Advocates set fire to the remaining materials within the Police Station and a case in Crime No.16 of 2009 under Sections 147, 436, 355 IPC r/w. Section 3(1) of TNPPDL Act registered at B4 High Court Police Station. The Bolero jeep of the Divisional Fire Officer was set on fire on that day and a case in Crime No.113 of 2009 under Sections 143, 148, 341, 336, 332, 324, 285, 353, 506(i) IPC r/w. Section 3(1) of TNPPDL Act registered at B2 Esplanade Police Station. The Cameraman of a private TV channel who was covering the incident was assaulted and his camera snatched. In this connection, a case in Crime No.17 of 2009 registered for the offence under Sections 143, 147, 188, 341, 323 and 394 IPC at B4 High Court Police Station and there was uneasy calm.