Plea claims case decided in 2013 listed for "fresh hearing" in 2018: Supreme Court orders enquiry by Madras High Court CJ

The Supreme Court has asked the Madras High Court Chief Justice to conduct an enquiry into an allegation that a case before the High Court which was decided in 2013, got listed for 'fresh hearing' in 2018 [P Nallammal v. Registrar General, High Court of Judicature at Madras and Another]. .The direction came from a Bench of Justices DY Chandrachud and AS Bopanna on a petition filed by one P Nallammal."The Chief Justice is requested to conduct an enquiry into the grievance of the petitioner. The Chief Justice would be at liberty to take necessary assistance in order to ascertain the factual position and may thereafter take an appropriate decision on the grievance which has been addressed by the petitioner," the Court said.The petitioner and her husband were convicted on November 15, 2000 by a trial court for an offence the Prevention of Corruption Act. They preferred an appeal before a single-judge of the Madras High Court. According to the petitioner, she and her husband were acquitted by the High Court on April 30, 2013.An application was made for seeking a certified copy of the judgment, which was not made available, it was submitted before the top court. Subsequently, they came to know that the same appeal was listed for 'fresh hearing' before another judge of the High Court on April 19, 2018.Aggrieved, the petitioner moved the Supreme Court stating that such listing of an already-adjudicated appeal is violative of her rights under Articles 14, 20(2) and 21 of the Constitution and relevant provisions of the Code of Criminal Procedure.The Supreme Court recorded the submissions of the petitioner and said that the appropriate course of action would be to request the Chief Justice of the Madras High Court to conduct an enquiry on the administrative side into the grievance of the petitioner. The apex court, therefore, proceeded to direct the Chief Justice to examine the issue and take a decision. The Court also added that if the petitioner is aggrieved by the decision taken by the Chief Justice on the administrative side, she will be at liberty to pursue her remedies in accordance with law."We keep open all the rights and contentions of the petitioner to pursue her remedies in accordance with law," the Court said.Senior Advocate S Nagamuthu, Advocate-on-Record MP Parthiban, advocates AS Vairawan, R Sudhikaran, Shalini Mishra, T Hari Hara Sudhan and Vikash GR appeared for the petitioner..[Read Order]