The Madras high court has come down heavily on the state police for withdrawing security provided to members of the Madras Bench of the Central Administrative Tribunal (CAT) and directed the DGP and Commissioner of Police to provide adequate security to them as long as needed.
“This court expresses its displeasure about the conduct of top police officials in treating CAT members with disrespect and forcing them to knock the doors of this court for security while discharging their judicial functions, despite the decision of the Supreme Court and specific request made by the CAT members on July 10, 2012,” said Justice N. Paul Vasanthakumar while allowing a petition from the registrar, CAT, Madras bench, and setting aside the order of the police withdrawing security to CAT members.
“The petitioner may be justified in moving the Supreme Court against the police for violation of the order of the Supreme Court, but their action in approaching this court for appropriate relief establishes the magnanimity on the part of the members of CAT.
Inviting this kind of litigation is least expected from the police officials, who are the law enforcing agency of the state government,” the judge said.
The judge pointed out that the judicial and administrative members of the tribunals were discharging judicial functions and were expected to discharge their duties without fear or favour.
The security problem faced by one of the judicial member was noticed by the apex court and suo-motu proceeding was initiated and directions were issued.
The judgment did not grant liberty to the state authorities concerned to review the security provided to CAT members.
As such, the police are not entitled to withdraw the security already provided to them according to the order of the apex court, the judge said.