The Madras High Court bench today recommended that the Chief Justice of the High Court initiate contempt or disciplinary action against Melur Judicial Magistrate K V Mahendra Boopathy for disobeying its orders in cases relating to illegal granite quarrying in this district.
Justice P N Prakash also directed the magistrate to take cognizance of all the offences disclosed in the police's final report in the cases and commit them to a sessions court.
Investigation Officers of Y Othakadai and police stations in Keelavazhavu had moved the High Court stating that despite the court's earlier direction that the JM take cognizance of all offences mentioned in the final reports, he had taken cognizance of only a theft offence under Indian Penal Code.
On illegal quarry operations, the IOs had registered 98 cases against quarry operators under various sections of IPC, Tamil Nadu Property (Prevention of Damage and Loss) Act, Explosives Substances Act and SC/ST (Prevention of Atrocities) Act.
The IOs laid the final reports in three cases only.
Justice Prakash, who today heard the IOs' petitions, observed that there is sufficient material for the JM to take cognizance of offences mentioned in the final reports.
The court verified all documents regarding the cases and also judgements acquiting the granite barons in some cases.
On March 24, the Court had recommended contempt proceedings against the JM for "deliberately disobeying" its order in the illegal mining cases and had directed its Registry to send a copy to the Chief Justice to initiate contempt proceedings or disciplinary proceedings or both against the JM.
The judge issued the directive when the Special Public Prosecutor told the court that the JM was not obeying its order to take cognisance of all offences allegedly committed by the granite barons and committing the cases to the sessions court.
The act of the JM in taking cognizance of only a theft offence under IPC in all the cases would mean, as the Public Prosecutor had contended, that "the accused will will escape with a flea-bite sentence (for theft)," the judge had said.
When magistrate K V Mahendraboopathy was directed to file a report, he had said averments in the charge sheet did not state the accused had the intention of causing loss and hence he refused to take cognisance of major offences disclosed in the report.
