Sentinel of justice turns 150 years today

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The year-long sesquicentennial celebration of the Madras high court will draw to a close on September 8 with President of India Pranab Mukherjee, chief minister J. Jayalalithaa and other dignitaries taking part in the valedictory function at Jawaharlal Nehru Indoor Stadium here.

The meeting becomes significant as this would be the first visit of Mr Mukherjee after assuming charge as President, and Ms Jayalalithaa would be sharing the dais with him for the first time in the recent past.

Mr Mukherjee will be the chief guest and Tamil Nadu Governor, Dr K. Rosaiah, will preside in the presence of Ms Jayalalithaa, Union minister of law and justice and minority affairs Salman Khurshid, justices Altamas Kabir, P. Sathasivam, Aftab Alam and F.M. Ibrahim Kalifulla of the Supreme Court, and chief justice of the Madras high court, Mr M.Y. Eqbal.

The Madras high court, one of the chartered high courts in the country and popularly known as the ‘Temple of Justice’, had touched the milestone of 150 years on August 15, 2011.

On August 6, 1861, the British Parliament passed the Indian High Courts Act, which conferred powers upon the British Crown to establish high courts at Calcutta, Madras and Bombay by issuing letters patent.

By the letters patent dated June 26, 1862, issued by Queen Victoria, the High Court of Judicature at Madras was established as a court of law and equity. It was formally declared open on August 15, 1862.

Eighty-five years after the high court came into existence, it was on the very same August 15 that India attained Independence. The construction of the high court buildings in its present place got over and it was inaugurated on July 12, 1892.

The Madras high court had acquired a very high reputation for the quality of its bench and bar. Sir T. Muthuswami Iyer was the first Indian judge of the Madras high court in whose memory a marble statue was installed by Justice Arthur Collins. Dr P.V. Rajamannar was the first permanent chief justice of Madras high court. He served for about 13 years.

“Justice T. Muthuswami Iyer is worshipped every day by most of the lawyers before they go to the courts to argue their case by placing flowers on his feet. Some advocates even garland his statue. Court officials also worship him. Sometimes even litigants do it,” said Mr P. Wilson, additional solicitor general of India.

When the high court was first established, it was to consist of a chief justice and five puisne judges. After the enactment of the High Courts Act, 1911, the maximum number of judges of the high court was fixed at 20.

Thereafter, it was increased to 49 (32 permanent judges and 17 additional judges). Now, the sanctioned strength of judges in the high court is 60 (42 permanent and 18 additional judges,), which includes Madurai bench also. However, at present, the total number of judges is 53 and there are 7 vacancies.

Madras court always a beacon

On the happy occasion of the 150th anniversary of Madras HC, DC asked three legal luminaries three questions: What is special about Madras high court? Name the great ones associated with it? What are its landmark events?

K. Subramaniam, former advocate general: The Madras HC building is very striking. Built in 1892 at a cost of Rs 12.98 lakh, the HC building is the best among the three chartered high courts that came up together in Bombay, Calcutta and Madras.

The HC was the first to exercise writ jurisdiction as early as 1918. Luminaries such as T. Muthasamy Iyer who became the first Indian judge of HC, Rajagopalachari who was India’s first advocate general, Dr Rajamannar the first Indian judge to become chief justice of HC were from Madras. Also, the first amendment to the Constitution was done following a landmark order of this court.

K.P. Sivasubramaniam, former judge of Madras HC: Madras high court has produced several legal luminaries such as Alladi Krishnasamy Iyer and has always been appreciated for landmark judgments in civil cases.
However, he recalls the clash between advocates and police in 2009 as a “blemish”.
“The assault on judiciary was totally barbarian,” he condemns.

B. Sriramulu, former public prosecutor: Speedy disposal of cases is the hallmark of Madras high court now.

However, there are numerous vacancies coming up which need to be filled up and for this, financial autonomy is a must, he adds.