Court Visit

Introduction
The judiciary stands as one of the pillars of any democratic society, embodying principles of
justice, fairness, and the rule of law. One of the primary objectives of our Constitution is to
secure speedy justice to all citizens. To achieve this, the Government always gives top priority to
provide adequate basic and other infrastructure facilities like buildings, manpower and e-Courts
facilities for the quick dispensation of justice to the public. The lower or subordinate judiciary in
India plays a crucial role in the administration of justice within the country. Comprising of
district courts, subordinate courts, and other specialized tribunals, this tier of the judicial system
serves as the primary interface between the law and the citizenry. Unlike higher courts which
handle appeals and constitutional matters, the lower judiciary deals with a wide spectrum of
cases ranging from civil disputes to criminal offenses at the grassroots level. These courts are
often the first point of contact for individuals seeking redressal for their grievances, making them
integral to the delivery of justice to the common man. The significance of the lower judiciary lies
in its proximity to the people and its ability to adjudicate disputes in a timely and cost-effective
manner. With courts spread across the length and breadth of the country, the lower judiciary
ensures accessibility to justice, particularly for those residing in remote or rural areas.
Furthermore, the lower judiciary acts as a bulwark against injustice and ensures the enforcement
of laws at the grassroots level. Through impartial adjudication and diligent application of legal
principles, these courts uphold the rule of law and safeguard the rights of individuals, thereby
fostering public trust in the justice system. In essence, the role of the lower judiciary in India is
pivotal in providing speedy and effective justice to the masses, thereby upholding the
foundational principles of democracy and the rule of law.

As citizens, our understanding of the legal system often stems from textbooks, media
representations, or personal experiences. Yet, there exists an invaluable opportunity to gain
deeper insight by directly engaging with the judicial process. In this report, we delve into the
intricacies of the legal system through an observation of proceedings at the Tiruchirapalli
Combined Court Complex. Located in the historic city of Tiruchirapalli in the state of Tamil
Nadu, India, the Tiruchirapalli Combined Court Complex serves as a vital hub for dispensing
justice across various domains. This complex accommodates a diverse range of cases, from civil
disputes to criminal trials, thereby providing a comprehensive view of the judicial machinery in
action. The purpose of this report is to document and analyze the observations made during a
visit to the Tiruchirapalli Combined Court Complex. Through firsthand observation, we aim to
shed light on the procedural aspects, the dynamics between legal actors, and the broader
implications of courtroom proceedings on access to justice and societal well-being. By
immersing ourselves in the courtroom environment, we seek to gain a nuanced understanding of
the challenges and opportunities within the legal system. Furthermore, this report endeavors to
highlight the significance of public engagement with the judiciary, emphasizing the role of
transparency and accountability in fostering trust and confidence in the administration of justice.
Through meticulous observation and thoughtful reflection, we endeavor to offer insights into the
functioning of the Tiruchirapalli Combined Court Complex, with the ultimate goal of
contributing to discourse surrounding legal reform, judicial efficiency, and the realization of
justice for all. In the subsequent sections of this report, we will delve into the observations made
during the court visit; analyze key findings, and present recommendations for enhancing the
efficacy and accessibility of the judicial process.

Importance of Court Observation

Observing live court proceedings stands as an indispensable cornerstone of legal education for
students in India, offering a multifaceted array of benefits that significantly enrich their learning
experiences. This immersive practice provides students with invaluable practical insights,
offering a real-world context to the theoretical knowledge they acquire through textbooks and
lectures. By witnessing courtroom dynamics firsthand, students gain a deeper understanding of
legal procedures, advocacy techniques, and courtroom decorum, which are often challenging to
grasp solely through academic study. This experiential learning opportunity allows them to see
how legal principles are applied in real-life situations, effectively bridging the gap between
theory and practice. Furthermore, observing court proceedings exposes students to the intricate
interactions between judges, lawyers, witnesses, and litigants, providing them with a nuanced
understanding of the adversarial nature of legal proceedings and the complexities inherent in
legal advocacy. Through this direct engagement, students not only develop a keen awareness of
the dynamics at play within the courtroom but also hone their analytical skills as they critically
analyze legal arguments, assess the weight of evidence, and evaluate judicial decisions in real-
time. Moreover, courtroom observation serves as a platform for students to explore and assess
potential career paths within the legal profession, particularly in litigation or advocacy. By
witnessing the day-to-day realities of legal practice, students can gain insights into the demands,
challenges, and rewards associated with these roles, thereby informing their career aspirations
and professional development trajectories. In addition to its academic and vocational benefits,
observing court proceedings also cultivates a heightened awareness of ethical considerations and
professional conduct standards among students. Through firsthand exposure to ethical dilemmas
and ethical decision-making processes within the legal realm, students are better equipped to
navigate the complexities of professional ethics and integrity in their future careers. Furthermore,
courtroom observation fosters civic engagement by instilling in students a deeper appreciation
for the functioning of the judicial system and its profound impact on society. By witnessing the
administration of justice firsthand, students develop a greater understanding of the role of courts
in upholding the rule of law, protecting individual rights, and promoting social justice, thereby
reinforcing the importance of access to justice and the principles of fairness and equity within
society. Overall, observing live court proceedings serves as an essential and transformative
component of legal education in India, empowering students with practical insights, analytical
skills, ethical awareness, and civic engagement values that are integral to their development as
future legal professionals and responsible members of society.

Tiruchirapalli Combined Court Complex

As part of our clinical course in law, we embarked on a meaningful journey to the
Tiruchirappalli Combined Court Complex for 3 days from 11th March, 2024 to 13th March, 2024
immersing ourselves in the everyday workings of the lower judiciary system. Over the course of
three enlightening days, we had the privilege of observing and analyzing court proceedings,
gaining practical insights into the legal process in Tiruchirappalli, India. Nestled within the
bustling city of Tiruchirappalli, the Combined Court Complex stands as a cornerstone of justice
administration, catering to a diverse array of legal disputes ranging from civil matters to criminal
cases. Our visit provided us with a unique opportunity to witness firsthand the inner workings of
this vital institution, shedding light on the complexities and challenges faced by the lower
judiciary. Throughout our time at the complex, we had the chance to observe proceedings across
various courtrooms, each offering a distinct glimpse into the multifaceted nature of legal
practice. From civil hearings addressing property disputes to criminal trials dealing with matters
of law enforcement, each session presented us with a rich tapestry of experiences that deepened
our understanding of the legal system. Beyond merely observing court proceedings, our visit
allowed us to engage with legal professionals, litigants, and court staff, providing valuable
insights into their roles and responsibilities within the judicial process. This firsthand interaction
offered us a nuanced perspective on the dynamics of the courtroom and the challenges faced by
those involved in legal proceedings. In this report, we endeavor to capture the essence of our
observations and reflections from our time at the Tiruchirappalli Combined Court Complex. By
documenting our experiences in detail, we aim to underscore the significance of the lower
judiciary in administering justice, promoting fairness, and upholding the rule of law in
Tiruchirappalli and beyond. Our journey to the court complex was not merely an academic
exercise but a transformative experience that deepened our appreciation for the legal profession
and instilled in us a sense of duty towards promoting access to justice and fairness in society.
Through this report, we hope to share our learning’s and contribute to the ongoing discourse
surrounding the role of the lower judiciary in India.

History of the Combined Court Complex

The legal fraternity in Tiruchirapalli celebrated a significant milestone as the iconic Tiruchi
District Court building reached its centenary mark in the year 2019. Modeled after the London
District and Sessions Court, the District Court building, situated adjacent to the Uyyakondan
channel, stands as a majestic landmark in the city's landscape. Its foundation was laid on April
28, 1917, by the then District and Sessions Judge J.G. Burn, with the magnificent structure
officially opening its doors on August 16, 1919. Notably, the tower clock adorning the building
has been a prominent feature, overseeing numerous significant cases over the years. The Tiruchi
Bar Association hosted a commemorative function to honor this momentous occasion, attended
by the Principal District Judge, Judicial Officers, members of the Tiruchi Bar Association, and
court staff.

Reflecting on the building's rich history, Senior Advocate Jayaprakash Narayanan highlighted
notable visits by political figures, including the late Prime Minister Rajiv Gandhi. With a
personal connection spanning five decades of legal practice within the building, Narayanan
emphasized its enduring significance. Tiruchi Bar Association president Ramesh Natarajan
expressed pride in the building's century-long legacy, noting its pivotal role in the careers of
many District Judges who later ascended to the Madras High Court. He also mentioned the
unique connection between the building and a member of the Tiruchi Bar Association, whose
grandfather was the contractor responsible for its construction. Principal District Judge K. Murali
Shankar affirmed the building's continued strength and resilience, underscoring its enduring
importance within the legal community.

I Additional District Munsif Court [Day I: 11th March, 2024]

On the 11th of March, 2024, our exploration into the legal intricacies of Tiruchi led us to the 1st
Additional District Munsif Court, presided over by Justice R. Manimekalai. The courtroom
buzzed with activity as the day's cause list unveiled 31 cases, primarily comprising execution
petitions and interlocutory applications. As proceedings commenced, we observed a unique
practice: the first half of the day was dedicated to pass overs, a mechanism allowing advocates
appearing in other courts to request a postponement of their case until they could attend. This
procedural adjustment, integrated into the judicial system, serves to streamline the delivery of
justice. Execution petitions, governed by Rule 2(e) of Civil Rules of Practice, signify the process
of enforcing decrees favoring the decree-holder. Similarly, interlocutory applications, as defined,
pertain to requests made during ongoing suits, appeals, or proceedings, excluding those for
execution of decrees or orders. These legal concepts, integral to the functioning of the court,
underscore the complexities inherent in legal proceedings. Within the courtroom, a distinct
layout facilitated the proceedings: Justice R. Manimekalai occupied an elevated position,
overseeing the proceedings, while two court clerks and bench clerks provided administrative
support beneath. Additionally, two process reporters ensured the smooth flow of hearings,
summoning relevant parties before the judge when their case was called. A large conference
table accommodated advocates, fostering collaboration and discussion, while benches in the
corners catered to the seating needs of students and clients alike. As we immersed ourselves in
the courtroom environment, the structured layout and procedural nuances provided invaluable
insights into the functioning of the judicial system. Our observation of the 1st Additional District
Munsif Court not only deepened our understanding of legal processes but also underscored the
meticulous attention to detail essential for the administration of justice.

One of the striking observations during our visit to the court was the profound respect and
decorum exhibited by lawyers, particularly towards the judges. This reverence was palpable in
various gestures and interactions that underscored the professional etiquette prevalent within the
legal fraternity. Upon entering the court hall, lawyers would respectfully bow down,
acknowledging the solemnity of the space and the authority vested in the judiciary. As the judge
arrived, lawyers would promptly rise from their seats, standing in deference until the judge took
their place on the bench. Addressing the judge as "Your Honor" further reflected the deep-seated
reverence and acknowledgment of the judicial office. Beyond these formalities, what stood out
was the sense of camaraderie and mutual respect among lawyers themselves. Despite being
adversaries in the courtroom, there was a palpable spirit of brotherhood and solidarity among
them. This was evident in the willingness of lawyers to seek pass overs on behalf of their
colleagues, showcasing a collective understanding and support for one another's professional
obligations. Moreover, the nurturing and supportive environment extended beyond senior
lawyers to their junior counterparts. Seasoned advocates took it upon themselves to mentor and
guide younger lawyers, fostering a culture of learning and growth within the legal community.
Additionally, lawyers maintained cordial relationships with court staff, including bench clerks.
This mutual respect and cooperation contributed to the smooth functioning of court proceedings,
underscoring the collaborative nature of the legal profession. In essence, the atmosphere of
respect, camaraderie, and mutual support witnessed among lawyers within the courtroom spoke
volumes about the professionalism and ethical standards upheld by the legal fraternity. These
values not only contribute to the effective administration of justice but also uphold the dignity
and integrity of the legal profession as a whole.

Case I

During a recent case in the subordinate court, a significant issue arose regarding the failure of
one of the parties to disclose crucial information to the court. The matter pertained to an appeal
filed by one party in the High Court concerning the same subject matter, which was not
communicated to the subordinate court. This failure to disclose pertinent information was
deemed as a suppression of fact by the court.
The court emphasized the fundamental principle that those seeking relief in a court of law,
whether it be equitable or otherwise, are obligated to disclose all material facts that could impact
the adjudication of the case. This principle, often encapsulated in the adage "Equity must come
with Clean Hands," underscores the importance of honesty and transparency in legal
proceedings. By withholding information about the appeal to the High Court, the party in
question violated this principle and compromised the integrity of the judicial process.

It is firmly established in legal jurisprudence that litigants have a duty to the court to provide full
and accurate disclosure of all relevant facts. This duty extends to divulging information that may
be detrimental to their own case. Failure to fulfill this obligation not only undermines the fairness
of the proceedings but also erodes trust in the judicial system. The court reiterates that parties
must act with candor and refrain from concealing or suppressing any material fact within their
knowledge. Furthermore, the proceedings also provided valuable insights into the art of cross-
examination. Both the Government Pleader and the opposing party engaged in witness
examination, demonstrating effective techniques and strategies. These exchanges offered
observers, including the court and legal practitioners, valuable lessons on the importance of
thorough questioning and the role it plays in eliciting relevant information and establishing the
truth.

In conclusion, the case highlighted the critical importance of transparency and honesty in legal
proceedings. Parties involved in litigation must adhere to their duty to the court by providing full
and accurate disclosure of all material facts. Additionally, the proceedings offered valuable
learning opportunities regarding the art of cross-examination, further emphasizing the
significance of skilful advocacy in the pursuit of justice. It is recommended that legal
practitioners and litigants alike remain vigilant in upholding the principles of honesty and
transparency in all court proceedings. Additionally, ongoing education and training in the
techniques of effective cross-examination can enhance the quality of advocacy and contribute to
the fair and efficient administration of justice.

Case II

During our recent observation of court proceedings, we encountered a few notable cases that
shed light on various legal nuances and procedural requirements. In one case involving the
Revenue Department, one of the parties crucial to the case was absent. As a result, the court
refrained from passing an ex-parte order and instead decided to pass over the case. This decision
reflects the court's commitment to ensuring fair and just proceedings, even in the absence of one
of the involved parties.

Case III

The third case revolved around a dispute over the possession of property. The petitioners had
filed an Original Suit (OS) before the Additional District Judge. Concurrently, a High Court
order had been issued, stating that the petitioners did not possess ownership rights to the property
in question. During the proceedings, the petitioners argued that since the OS was filed after the
High Court order, there was no necessity to produce a copy of the High Court judgment.
However, the court took a different stance, emphasizing the significance of the High Court
judgment to the case. The court held that regardless of the timing of the OS filing, the High
Court judgment was integral to the matter at hand and must be produced for consideration. These
cases underscore the importance of procedural compliance and adherence to legal requirements
in court proceedings. The decision to pass over a case in the absence of a party demonstrates the
court's commitment to equitable treatment of all parties involved. Additionally, the insistence on
producing relevant documents, such as the High Court judgment, highlights the court's
dedication to ensuring thorough consideration of all pertinent information in the pursuit of
justice. These observations serve as valuable reminders of the complexities inherent in legal
proceedings and the importance of diligence and attention to detail in navigating them
effectively.

Chief Judicial Magistrate [Day II: 12th March, 2023]

On 12th March 2024, we attended proceedings in the Chief Judicial Magistrate Court at the
Tiruchirapalli Combined Court Complex. We observed the court proceedings only during the
pre-lunch session. The court session was presided over by Justice Meena Chandra NS. Situated
in an isolated section of the complex, the court building itself stood as a testament to colonial
architecture, constructed entirely from red bricks. Notably, the building is recognized as a
heritage structure, boasting high ceilings and ample space within its walls. The Chief Judicial
Magistrate's Court holds jurisdiction over original criminal matters arising within the district. Its
primary duty on the judicial side is to receive and adjudicate cases and matters related to the
administration of justice. Section 12 of the Code of Criminal Procedure, 1973 outlines the
jurisdiction of the CJM and related appointments:

i. Appointment of Chief Judicial Magistrate: In every district (excluding

metropolitan areas), the High Court appoints a Judicial Magistrate of the first class to
serve as the Chief Judicial Magistrate.
ii. Additional Chief Judicial Magistrate: The High Court may also appoint any
Judicial Magistrate of the first class as an Additional Chief Judicial Magistrate, with
powers directed by the High Court.
iii. Sub-divisional Judicial Magistrate: The High Court has the authority to designate a
Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial
Magistrate. This magistrate may be relieved of specific responsibilities as required.
Additionally, subject to the Chief Judicial Magistrate's general control, the Sub-
divisional Judicial Magistrate exercises supervision and control over other Judicial
Magistrates in the sub-division as specified by the High Court.

The proceedings observed underscored the importance of the Chief Judicial Magistrate's role in
maintaining the integrity of the judicial process. As the primary authority in criminal matters
within the district, the CJM ensures the fair and efficient dispensation of justice, guided by the
principles of law and equity.

On [Insert Date], we received the cause list from the court clerk detailing the matters scheduled
for the day. The list comprised a total of 45 cases, each categorized according to the stage of
proceedings and the nature of the actions required. The cases were classified into the following
categories:

i. Issue of Service: Cases where the service of summons or notices was to be addressed.
ii. Appearance: Matters where the parties were required to appear before the court.
iii. Arguments: Cases scheduled for oral arguments or submissions by the parties.
iv. Await Reports: Matters awaiting the submission of reports or documents.
v. Counter: Cases involving counter-claims or counter-allegations by the parties.
vi. Enquiry: Cases necessitating an inquiry or investigation by the court.
vii. Evidence: Matters where evidence was to be presented or examined.
viii. For Attachment/Arrest/Garnishee Proceedings: Cases involving attachment of
property, arrest warrants, or garnishee orders.
ix. For Further Proceedings: Cases requiring additional steps or proceedings to move
forward.
x. Issue of Process: Matters concerning the issuance of legal processes or orders.
xi. Judgment: Cases where the court was scheduled to deliver judgments.
xii. Orders: Matters pertaining to the issuance of interim or final orders by the court.
xiii. Questioning: Cases involving the examination or cross-examination of witnesses or
parties.
xiv. CMP Pending: Matters pending before the court-appointed commissioner for report or
decision.

The categorization of cases facilitated the efficient management and prioritization of

proceedings, ensuring that each matter received the necessary attention based on its stage and
requirements. Additionally, it provided clarity and transparency to all parties involved, enabling
them to prepare adequately for their respective roles in the litigation process. Overall, the cause
list served as a comprehensive guide for the day's proceedings, allowing for the systematic and
orderly conduct of court activities. It played a vital role in promoting procedural fairness and
expediting the resolution of legal disputes within the judicial framework.

The session at the Chief Judicial Magistrate (CJM) Court commenced with the routine calling for
the presence of the accused, marking the beginning of the day's proceedings. Subsequently, the
court addressed several matters pertaining to the granting of bail, a fundamental aspect of
criminal jurisprudence.

In accordance with the well-established principle of criminal jurisprudence, "bail is the norm and
not the exception," the presiding judge predominantly granted bail in the cases brought before
the court. This principle underscores the presumption of innocence and ensures that individuals
awaiting trial are not unduly detained unless necessary for the interests of justice.

Case I
During the proceedings, a significant case emerged involving a request for the amendment of
charges under Section 216 of the Criminal Procedure Code, 1973. This provision grants courts
the authority to alter or add to any charge before judgment is pronounced. The relevant clauses
of Section 216 were invoked as follows:

Court's Discretion: Any court may exercise its discretion to alter or add to any charge before
judgment, with the alteration or addition being duly explained to the accused.

Proceeding with Trial: If the alteration or addition to a charge is deemed unlikely to prejudice
the accused or the prosecutor, the court may proceed with the trial as if the altered or added
charge had been the original charge.

Prejudice to Parties: In cases where the alteration or addition is likely to prejudice the accused
or the prosecutor, the court may opt to direct a new trial or adjourn the proceedings as necessary.

Requirement for Previous Sanction: If the altered or added charge involves an offence for
which previous sanction is necessary for prosecution, the court shall withhold proceeding until
such sanction is obtained.

This case exemplified the court's meticulous approach to ensuring procedural fairness and
adherence to legal requirements. By invoking Section 216, the court demonstrated its
commitment to facilitating a just resolution while safeguarding the rights of all parties involved.
Overall, the proceedings at the CJM Court exemplified the judiciary's dedication to upholding
the principles of justice and fairness within the criminal justice system.

Case II

In the case of Sangeetha v. Mohanraj [CRLMP/30145/2023], a criminal miscellaneous petition

was filed seeking interim relief. The term "criminal miscellaneous petition" lacks a specific
definition within the Code of Criminal Procedure 1973 or any other legal framework. However,
by extrapolating from the Oxford Dictionary definition of "miscellaneous," which refers to a
mixture of various things not usually connected, the general meaning of a criminal miscellaneous
petition can be inferred.
 i. Definition of Criminal Miscellaneous Petition: In essence, a criminal miscellaneous
petition can be understood as a formal request submitted through an application
before a criminal court, seeking various kinds of reliefs, privileges, or actions not
explicitly covered by other legal procedures. It encompasses a broad range of requests
made by parties involved in criminal proceedings.
ii. Nature of Petition: A petition, in general, is a written application to a governing
body or public official, seeking the exercise of authority to grant relief, favors, or
privileges. When such relief is sought within the domain of a criminal court, it is
termed as a miscellaneous petition. Essentially, it represents a means for parties to
seek relief or address specific issues before the court during the course of criminal
proceedings.
iii. Significance in Criminal Proceedings: Dealing with criminal miscellaneous
petitions constitutes a significant aspect of the duties of a Magistrate or Judge in the
criminal court. These petitions may be filed at various stages of criminal proceedings,
including before the registration of a case (e.g., for anticipatory bail), during the
proceedings, or even after their conclusion. It is imperative for courts to exercise
caution in handling these petitions, ensuring their maintainability in terms of
jurisdiction and competency.
iv. Interim Nature of Orders: The orders issued in response to criminal miscellaneous
petitions typically pertain to interim relief. Given the provisional nature of these
orders, they serve to address immediate concerns or issues raised by the parties
involved in the criminal proceedings. Such orders may be temporary in nature,
subject to further consideration or revision as the case progresses.

In summary, criminal miscellaneous petitions play a crucial role in the criminal justice system,
offering parties a mechanism to seek specific reliefs or address concerns that may arise during
the course of proceedings. While these petitions serve to expedite the resolution of issues, it is
essential for courts to exercise diligence in ensuring the validity and appropriateness of the relief
sought, thereby upholding the principles of justice and fairness.

Case III
In the case of State v. Nagaraj [SC/270/2023], the State presented evidence in a matter involving
robbery, as stipulated under Sections 392, 397, and 506 of the Indian Penal Code. The
proceedings included the examination of witnesses and the cross-examination of the
Investigating Officer by the defense, revealing procedural irregularities in the case.

1. Case Background: The case centred on allegations of robbery, a serious offense under
the Indian Penal Code. Section 392 outlines the punishment for robbery, which includes
rigorous imprisonment for up to ten years and a fine. Additionally, if the robbery occurs
on a highway between sunset and sunrise, the imprisonment term may extend to fourteen
years.
2. Legal Framework: Section 397 of the Indian Penal Code deals with robbery or dacoity
with the attempt to cause death or grievous hurt. If the offender uses a deadly weapon,
inflicts grievous hurt, or attempts to cause death or grievous hurt during the commission
of robbery or dacoity, the imprisonment term shall not be less than seven years.
3. Witness Testimony: During the proceedings, witnesses were examined to provide
testimonies relevant to the case. However, it is noteworthy that no eyewitnesses were
present in this particular case, adding complexity to the determination of facts.
4. Cross-Examination: The defence cross-examined the Investigating Officer, revealing
procedural irregularities and potential shortcomings in the investigation process. This
aspect of the proceedings shed light on critical issues that could impact the outcome of
the case.
5. Criminal Intimidation: Additionally, Section 506 of the Indian Penal Code deals with
criminal intimidation, which may be pertinent to the circumstances surrounding the
alleged robbery.

The presentation of evidence in State v. Nagaraj highlighted the gravity of the charges brought
forth under Sections 392, 397, and 506 of the Indian Penal Code. The absence of eyewitness
testimony and the revelation of procedural irregularities through the cross-examination of the
Investigating Officer underscore the complexities inherent in adjudicating such cases. As the
proceedings continue, further examination of evidence and legal arguments will be crucial in
arriving at a just and fair verdict.
Case IV

In the case of IDBI Bank Limited v. M/s Sri Nandhu Marketing [CRLMP/304/2022], the
proceedings primarily revolved around the Securitisation and Reconstruction of Financial Assets
and Enforcement of Security Interest (SARFAESI) Act, 2002. The case involved legal actions
related to the enforcement of security interests by IDBI Bank Limited against M/s Sri Nandhu
Marketing. During the course of the proceedings, it was observed that a memo, presumably
required to be submitted by one of the parties, was not filed as expected. This memo likely held
crucial information or arguments pertinent to the case. In response to this omission, the court
intervened and directed the concerned party to submit the memo promptly. The court's directive
underscores the importance of adhering to procedural requirements and ensuring that all
necessary documentation is provided in a timely manner to facilitate a fair and efficient
resolution of the case. Given the significance of the SARFAESI Act in matters related to
financial assets and security interests, compliance with procedural obligations becomes
imperative to uphold the integrity of the legal process and safeguard the interests of all parties
involved. As the case progresses, the submission of the memo will likely play a crucial role in
providing clarity and context to the issues at hand, thereby enabling the court to make informed
decisions in accordance with the law. In conclusion, the court's prompt intervention to address
the missing memo reflects its commitment to ensuring procedural fairness and adherence to legal
requirements in the resolution of disputes under the SARFAESI Act. The forthcoming
submission of the memo will contribute to a comprehensive consideration of the case, ultimately
facilitating a just and equitable outcome.

Case V

In the case of SI of Police, Fort Police Station v. James Dhanaraj [SC/231/2010], the court
addressed a crucial procedural aspect regarding the service of notice on the defendant. The
petitioner, representing the Fort Police Station, failed to serve notice on the defendant, James
Dhanaraj. During the proceedings, the court emphasized the mandatory requirement of serving
notice to the opposite party in legal matters. Serving notice ensures that all parties involved are
duly informed of the proceedings against them and have an opportunity to participate in the legal
process. It is a fundamental aspect of procedural fairness and serves to uphold the principles of
natural justice. The court's ruling underscored the importance of compliance with procedural
requirements, highlighting that the failure to serve notice on the defendant was not only an
oversight but also a violation of legal norms. By holding that serving notice to the opposite party
is mandatory, the court reaffirmed the significance of ensuring that all parties are afforded their
right to due process and fair representation in legal proceedings. Moving forward, it is imperative
for the petitioner and all parties involved in legal matters to adhere to the prescribed procedures
diligently. Proper service of notice is essential to maintain the integrity of the legal process and
to ensure that justice is served equitably.

Case VI

In the case of Inspector of Police, Woraiyur v. Kathar @ Kathar Moideen [SC/325/208], the
court addressed charges related to robbery, as stipulated under Sections 392 and 397 of the
Indian Penal Code, 1872. These sections pertain to the commission of robbery and dacoity,
respectively. The scheduled proceedings for the day were primarily focused on the questioning
of the accused. However, due to personal circumstances preventing the presence of the accused
in court, the case could not proceed as planned. In light of this situation, the court made the
decision to adjourn the case to the next scheduled hearing date. The adjournment of the case
underscores the court's commitment to ensuring the fair and effective administration of justice.
Despite the necessity to address the matter promptly, the court acknowledged the importance of
accommodating the personal circumstances of the accused, thus allowing for the rescheduling of
the proceedings to a more suitable time. As the case moves forward, it is essential for all parties
involved to prioritize the attendance of the accused at future hearings to facilitate a timely and
thorough examination of the facts and evidence. Additionally, the court's decision to adjourn the
case reflects its adherence to procedural fairness and respect for the rights of the accused.

Our observation of proceedings at the Chief Judicial Magistrate (CJM) Court provided valuable
insights into the dynamics of the criminal justice system. The session was characterized by
expeditious handling of cases, underscoring the significance of respecting the liberty of
individuals, especially in criminal matters.

1. Efficiency of Criminal Proceedings in comparison to Civil Proceedings: The cases in

CJM Court were addressed and disposed of relatively quickly compared to civil courts.
 This expeditiousness can be attributed to the recognition of the importance of swift
resolution in criminal cases, where individual freedoms are at stake.
2. Role of Advocates and Police Officers: While the advocates demonstrated
professionalism in their representations, there seemed to be a lack of camaraderie not
only among themselves and the judges but also with the police officers. It is noteworthy
that police officers play an instrumental role in criminal trials, and fostering better
collaboration among all stakeholders could enhance the efficiency of the criminal justice
process.
3. Socioeconomic Background of Accused: A significant observation was that a majority
of the accused belonged to lower income groups. This highlights the socioeconomic
disparities that often intersect with the criminal justice system. Addressing underlying
social and economic issues through rehabilitation programs and education could
potentially mitigate the propensity for individuals to engage in criminal activities.
4. Judge's Remarks: At the end of the pre-lunch session, the judge addressed all present,
highlighting the disparities between legal education and the practical realities of the
courtroom. This acknowledgment underscores the importance of bridging the gap
between theoretical knowledge acquired in law school and the complexities encountered
in legal practice.

In conclusion, our experience at the CJM Court offered valuable insights into the functioning of
the criminal justice system. The observations underscore the need for continuous efforts to
ensure fairness, efficiency, and inclusivity within the legal framework. Addressing
socioeconomic factors and promoting education and rehabilitation could contribute to a more just
and equitable society.

III Additional Subordinate Court- Day III: Day III: 13th March,
2024
On March 13, 2024, the III Additional Subordinate Court held its regular proceedings under the
jurisdiction of Justice Somasundaram. This court, located in [insert location], is primarily
dedicated to handling motor accident claims and Motor Accident Claims Original Petitions
(MCOP).
The III Additional Subordinate Court is one of the Sub Courts presided over by senior Civil
Judges. These courts hold pecuniary jurisdiction in civil proceedings where the value of the
subject matter exceeds Rs.1.00 lakh but does not exceed Rs.10.00 lakh. Additionally, they
exercise appellate powers concerning appeals arising from decisions made by District Munsif
Courts within their territorial jurisdiction, up to the value of Rs.1,00,000/-. Furthermore, these
courts function as Assistant Sessions Courts and serve as Motor Accident Claims Tribunals.

During the proceedings on March 13, 2024, a total of 69 cases were listed on the cause list for
adjudication. These cases predominantly pertained to motor accident claims and MCOP
petitions, illustrating the specialized nature of the court's responsibilities. The court diligently
processed each case, ensuring due process and fairness in the legal proceedings. The court's
dedication to handling a significant caseload while maintaining quality in adjudication reflects
the commitment to justice and efficiency in the legal system.

Overall, the proceedings in the III Additional Subordinate Court on March 13, 2024,
demonstrated the court's vital role in addressing motor accident claims and MCOP petitions
within its specified jurisdiction. The court's effective functioning contributes to the
administration of justice and upholding the rights of individuals involved in civil disputes and
motor accidents.

The court session at the III Additional Subordinate Court commenced promptly with the
verification of the parties and their appearance before the honorable court. Under the supervision
of Justice Somasundaram, the parties involved in the cases listed for the day were called upon to
provide their name, address, claim amount, and bank details. This verification process, which
aimed to ensure the accurate identification and representation of the parties, continued for
approximately one hour. During this time, each party was given the opportunity to present their
information which included their name, address, claim amount and bank details, facilitating the
smooth functioning of the legal proceedings.

Case I

Following the verification process, the court proceeded with the first case on the docket. The
case involved Samiammal, the wife of Kandaswamy, who had sustained injuries in a motorcycle
accident. Samiammal was seeking compensation amounting to Rs. 8 lakhs for the damages
incurred due to the accident.

The case exemplified the typical matters brought before the III Additional Subordinate Court,
which specializes in motor accident claims and Motor Accident Claims Original Petitions
(MCOP). Samiammal's claim highlighted the severity of injuries individuals can suffer as a
consequence of such accidents and underscored the importance of legal redress for victims
seeking compensation.

Under the vigilant oversight of Justice Somasundaram, the court proceeded to hear the details of
Samiammal's case, ensuring that all pertinent information was thoroughly examined and
considered. The court's commitment to upholding the principles of justice and fairness was
evident in its meticulous approach to adjudicating the matter. As the legal proceedings
continued, the III Additional Subordinate Court reaffirmed its dedication to resolving civil
disputes and providing recourse to individuals affected by motor accidents within its
jurisdictional purview.

Case II

During the proceedings at the III Additional Subordinate Court, an important case was brought
before the honorable court, involving an execution petition. The term 'execution' refers to the
process of enforcing a decree passed in favor of the decree holder. While not explicitly defined
in the Civil Procedure Code (C.P.C), it is understood as the means through which the court
ensures the implementation of a decree or order. In accordance with Rule 2 (e) of the Civil Rules
of Practice, an "Execution Petition" is defined as a petition submitted to the court for the
execution of any decree or order. This legal mechanism allows decree holders to seek the
enforcement of judgments in their favor. In the case marked as EP/98/2023, the focus was on the
execution of a decree related to the payment of attachment. The intricacies of this case were
brought before the III Additional Subordinate Court for resolution. The execution petition
process is essential in ensuring that the rights and entitlements granted through legal judgments
are upheld and enforced. It provides a means for decree holders to pursue the realization of their
legal entitlements through court-authorized measures. Under the oversight of Justice
Somasundaram, the III Additional Subordinate Court carefully reviewed the details of the
execution petition. The court examined the grounds for the petition and assessed the legal merits
of the decree holder's claims. The significance of execution petitions lies in their role in
upholding the integrity and efficacy of the legal system. By facilitating the enforcement of court
judgments, execution petitions contribute to the administration of justice and the protection of
individuals' rights. In the case at hand, EP/98/2023, the III Additional Subordinate Court
assumed the responsibility of adjudicating the matter and ensuring that the execution of the
decree pertaining to payment of attachment was carried out in accordance with legal principles
and procedures.

Case III

During the proceedings at the III Additional Subordinate Court, a significant case was
deliberated upon, marked as EP/137/2023. This case, constituting another execution petition,
entailed specific directives from the court regarding the deposit of a portion of the award amount
by one of the involved parties. The court had previously issued an order in a Motor Accident
Claims Original Petition (MCOP) requiring the deposit of 15% of the award amount immediately
by one of the parties. Subsequently, the party in whose favor the order was passed filed the
execution petition, seeking compliance with the court's directive. In the context of EP/137/2023,
the court's prior order in the MCOP petition mandated the deposit of a specific percentage of the
awarded sum. This requirement underscores the court's discretion to impose financial obligations
on litigants as part of the execution process. The decision to order the deposit of 15% of the
award amount reflects the court's commitment to ensuring the timely and equitable resolution of
legal disputes. Such measures aim to mitigate the risk of non-compliance and facilitate the
efficient execution of court orders. The filing of the execution petition by the party entitled to the
awarded sum signifies a proactive approach towards enforcing the court's judgment. It
demonstrates the party's adherence to legal procedures and their determination to secure their
rightful entitlements as per the court's decision in the MCOP petition.

Case IV

In the case of MCOP/573/2020, an interlocutory application (IA) seeking interim relief was filed
by one of the involved parties. The IA was duly numbered, indicating its formal submission to
the court for consideration. Interlocutory applications serve as procedural tools utilized during
the course of litigation to address specific issues that arise before the final judgment is rendered.
In this instance, the submission of the IA underscores the parties' efforts to navigate legal
proceedings effectively and secure interim relief pending the resolution of the main dispute.

Case V

In MCOP/12/2024, a party involved in the case sought an amendment of charges. Amendments

to charges entail modifications or additions to the allegations or claims made in the original
petition. Such amendments may be requested to ensure that the pleadings accurately reflect the
parties' positions or to introduce new claims or defenses. The court's consideration of the request
for amendment highlights its commitment to accommodating legitimate procedural requests
while ensuring the fair and efficient adjudication of the case.

Case VI

Within the context of MCOP/221/2021, the court issued an order stating that further enquiry
must be conducted. This directive indicates the court's determination to delve deeper into the
facts and circumstances surrounding the case before reaching a final decision. Further enquiries
may involve the collection of additional evidence, clarification of existing facts, or examination
of specific legal issues. The court's emphasis on conducting a thorough enquiry underscores its
dedication to rendering well-informed and equitable judgments.

Case VII

In MCOP/288/2023, ex-parte evidence was submitted. Ex-parte evidence refers to evidence

presented to the court by one party in the absence of the opposing party. Such submissions
typically occur when one party fails to appear or participate in the proceedings. The court
considers ex-parte evidence while ensuring fairness and adherence to procedural requirements.

Case VIII

The case marked as MCOP/440/2020 was passed over by the court due to the absence of one of
the parties' advocates. This decision highlights the significance of legal representation in court
proceedings and underscores the importance of procedural compliance. The passing over of the
case allows for rescheduling and ensures that all parties have adequate representation during the
proceedings.

Post Lunch Session

Following the pre-lunch session at the III Additional Subordinate Court, Justice Somasundaram
engaged in a discussion with attendees, shedding light on various facets of Motor Accident
Claims Original Petitions (MCOP) courts. One significant aspect discussed was the computation
of monetary compensation in motor accident cases, drawing reference to the landmark judgment
of Sarla Varma v. Delhi Transport Corporation & Anr. (2009) 6 SCC 121. During the
discussion, Justice Somasundaram emphasized the principle of "just compensation," which aims
to provide fair and equitable recompense to the victim or their dependents for the loss suffered
due to the accident. He reiterated that compensation should aim to restore the victim as far as
money can reasonably do so, without turning it into a windfall or source of profit. Furthermore,
Justice Somasundaram highlighted the guidelines outlined in the Sarla Varma case regarding the
deduction towards personal and living expenses of the deceased, based on the number of
dependent family members. The court specified deductions of one-third (1/3rd) for 2-3
dependents, one-fourth (1/4th) for 4-6 dependents, and one-fifth (1/5th) for more than six
dependents. Additionally, the discussion touched upon the importance of considering future
prospects while calculating compensation. Justice Somasundaram emphasized that courts should
not only take into account the actual income of the deceased at the time of death but also factor
in potential future earnings. This ensures that the compensation awarded adequately reflects the
loss suffered by the victim and their dependents.

During a discussion session at the III Additional Subordinate Court, Justice Somasundaram
addressed the attendees on the ongoing efforts to streamline court processes and enhance
efficiency, particularly through the implementation of e-filing. He highlighted the mandatory
requirement of e-filing in district courts since August 17, 20231, as a significant step towards

1
Principal District Judge, Tiruchirapalli, E-Courts Project, August 17, 2023,
https://cdnbbsr.s3waas.gov.in/s3ec02766e428d1e232bbdd58664b41346/uploads/2023/08/2023082291.pdf.
modernizing court procedures. Justice Somasundaram emphasized the positive impact of e-filing
in reducing paperwork and expediting the filing process. By digitizing document submission, e-
filing has facilitated smoother and more efficient handling of legal matters within the court
system. This transition aligns with broader efforts to leverage technology for improving access to
justice and enhancing judicial administration. However, Justice Somasundaram also
acknowledged the challenges associated with e-filing, particularly regarding internet bandwidth
limitations. He noted that not all advocates, especially in remote areas, may have access to the
necessary internet infrastructure required to upload large documents on the e-filing portal. This
digital divide poses a hurdle in fully realizing the potential benefits of e-filing across all
segments of the legal community. Despite these challenges, Justice Somasundaram expressed
optimism about the direction in which the court process is moving. He emphasized that the
adoption of e-filing represents a progressive stride towards modernization and efficiency in the
legal system. While acknowledging the need for addressing infrastructure constraints, he
underscored the importance of embracing technological advancements to enhance accessibility,
transparency, and efficiency in court proceedings. The discussion underscored the judiciary's
commitment to leveraging technology to improve court processes and enhance the overall
effectiveness of the justice system. Justice Somasundaram's remarks reflect a forward-looking
approach aimed at harnessing innovation to overcome challenges and optimize the delivery of
justice to all stakeholders. In conclusion, the integration of e-filing in district courts stands as a
pivotal advancement in the quest for a more efficient and accessible legal system. While
recognizing the existing challenges, Justice Somasundaram's remarks signify a commitment to
overcoming obstacles and advancing towards a future where technology plays a central role in
facilitating fair and expeditious judicial proceedings.

The Motor Vehicles Act of 2019, as mentioned by the judge during the discussion, emphasizes
the importance of expeditious disposal of cases related to motor vehicle accidents. Section 154 of
the Act mandates that such cases should ideally be resolved within six months. However, the
judge highlighted that in practice, this timeline often cannot be adhered to due to various factors
such as adjournments and procedural complexities, resulting in increased pendency of cases.

Furthermore, the judge elaborated on the workload and expectations placed on the III Additional
Subordinate Court. He revealed that the court is tasked with disposing of a significant number of
cases within a monthly timeframe, ranging from 60 to 80 cases. This directive is in line with the
broader objective of the higher judiciary, which aims to ensure speedy and efficient dispensation
of justice across all subordinate courts.

The judge's remarks underscore the challenges faced by the judiciary in managing caseloads and
meeting statutory timelines while striving to uphold the principles of justice and fairness. Despite
these challenges, the commitment to expeditious case disposal remains a priority, reflecting the
judiciary's dedication to delivering timely and effective justice to litigants and stakeholders
involved in motor vehicle accident cases.

Madurai Bench of Madras High Court: Day IV: 15th March, 2023
On March 15, 2024, our team had the opportunity to visit the Madurai Bench of the Madras High
Court. Established on July 24th, 2004, the Madurai bench serves as a pivotal judicial institution
for the fourteen southern districts of Tamil Nadu. Located in Madurai, the bench caters to the
legal needs of a vast region, encompassing districts such as Kanyakumari, Tirunelveli,
Thoothukudi, and others.

The establishment of the Madurai Bench of the Madras High Court was a significant
development aimed at decentralizing judicial services and enhancing accessibility to justice in
the southern regions of Tamil Nadu. By bringing the court closer to the people, it has effectively
addressed the longstanding issue of geographical barriers hindering access to legal remedies. The
court complex at the Madurai Bench comprises twelve court halls, meticulously furnished to
resemble the court halls in the Supreme Court, Delhi, and the Madras High Court. This design
ensures that the court facilities meet the highest standards of functionality and professionalism,
providing an optimal environment for legal proceedings.

Since its inauguration on July 24, 2004, the Madurai Bench of the Madras High Court has played
a pivotal role in accelerating the legal process in the southern districts of Tamil Nadu. By
adjudicating a wide range of cases spanning civil, criminal, and constitutional matters, the court
has significantly contributed to the dispensation of justice and the protection of legal rights
within its jurisdiction. Moreover, the court's presence has fostered legal awareness and
empowerment among the local populace, promoting a culture of legal compliance and
accountability. Through its judicious interventions and landmark judgments, the Madurai Bench
has earned the trust and respect of both legal practitioners and the general public alike.

The establishment of the Madurai Bench of the Madras High Court marks a significant milestone
in the judicial landscape of Tamil Nadu. In accordance with the powers vested under Section
51(2) of the States Re-organisation Act, 1956, the Government of India issued the Madras High
Court (Establishment of a Permanent Bench at Madurai) Order, 2004. This order, effective from
July 24, 2004, directed the establishment of a permanent bench of the Madras High Court in
Madurai.

The Madurai Bench was entrusted with jurisdiction over a wide geographic area, comprising
thirteen districts initially. However, later amendments saw the restoration of jurisdiction over
two districts to the Principal Seat. Nonetheless, the Madurai Bench continues to exercise
jurisdiction over a diverse range of cases, with a focus on providing accessible justice to the
people of southern Tamil Nadu. The inauguration of the Madurai Bench on July 24, 2004, was a
momentous occasion presided over by esteemed dignitaries, including Hon'ble Mr. Justice R.C.
Lahoti, Chief Justice of India, and Hon'ble Mr. Justice B. Subashan Reddy, Chief Justice of the
High Court, Madras. The presence of eminent judges from the Supreme Court of India, along
with key government officials, underscored the significance of this event.

Since its inception, the Madurai Bench has been operational in a state-of-the-art administrative
building designed to meet the requirements of modern judicial proceedings. The four-storied
administrative building encompasses all offices and departments of the High Court Bench,
facilitating efficient administration and coordination of legal affairs.

Additionally, the court halls, comprising a total of twenty-four, are equipped with advanced
facilities to accommodate legal proceedings. Notably, four major court halls are furnished based
on the model of the Supreme Court of India and the Delhi High Court, boasting amenities such
as full dais, public address systems, and modern furnishings. Furthermore, the administrative
building and court halls feature amenities aimed at enhancing comfort and functionality,
including air conditioning, network connections, and landscaping. These provisions ensure a
conducive environment for legal proceedings and administrative functions, contributing to the
efficient operation of the Madurai Bench. In summary, the establishment and operationalization
of the Madurai Bench of the Madras High Court represent a significant advancement in the
delivery of justice to the people of southern Tamil Nadu. With its modern infrastructure and
dedicated personnel, the Madurai Bench continues to uphold the principles of justice and
fairness, serving as a beacon of legal excellence in the region.

Court Hall VI

Our visit to Court Hall 6 provided valuable insights into the proceedings of a bail bench
exclusively dedicated to handling criminal matters. Presided over by Justice M. Dhandapani, the
court served as a crucial forum for adjudicating bail applications and other related petitions. The
visit offered an opportunity to observe firsthand the judicial process and the administration of
justice in criminal cases. Upon entering Court Hall 6, it became apparent that the caseload was
substantial, with a cause list containing a total of 137 cases. These cases spanned a wide
spectrum of criminal matters, reflecting the diverse nature of legal disputes brought before the
court.

The cause list was meticulously categorized to facilitate efficient case management. It included
various types of bail applications categorized under different statutes such as the Indian Penal
Code (IPC), Narcotic Drugs and Psychotropic Substances (NDPS) Act, and Protection of
Children from Sexual Offences (POCSO) Act. Additionally, anticipatory bail applications were
listed, along with petitions for relaxation, extension of time, modification, direction, and
cancellation of anticipatory bail.

Furthermore, the cause list encompassed a range of criminal proceedings, including criminal
revision cases, petitions for withdrawal, transfer cases, applications to set aside, and petitions for
the quashing of First Information Reports (FIRs) and criminal complaints. Miscellaneous
petitions and contempt petitions were also included, demonstrating the breadth of legal matters
addressed by the court. Throughout our observation, Justice M. Dhandapani demonstrated a
judicious and diligent approach to case adjudication. The court proceedings were conducted with
professionalism and adherence to legal procedures, ensuring fairness and impartiality in the
administration of justice.
Case I

In the case of Palaniswamy v. Inspector of Police, bearing Criminal Original Petition (Crl OP)
number 4105 of 2024, the court deliberated on allegations pertaining to the smuggling of sand
from a river located in the Thanjavur district of Tamil Nadu. The accused in the case were
charged under Section 21(1) of the Mines and Minerals (Development and Regulation) Act,
1957, Section 379 and 143 of the Indian Penal Code, 1860. The accused individuals involved in
the case were purportedly engaged in the unlawful extraction and transportation of sand from the
river bed. The modus operandi of the accused primarily involved the use of lorries to transport
the smuggled sand from the river bed to undisclosed locations. It was observed that the
smuggling activities predominantly occurred during the night, presumably to evade detection and
enforcement measures. The gravity of the alleged offenses and their potential environmental
implications underscored the significance of the legal proceedings. The unlawful extraction and
transportation of sand not only pose ecological threats but also raise concerns regarding the
sustainable management of natural resources. During the court proceedings, the case was posted
for further hearing on a subsequent date. This decision allowed for additional time and
consideration to be devoted to the matter, ensuring a comprehensive examination of the facts and
legal arguments presented by both parties.

Case II

During my visit to the court hall, I had the opportunity to read a police investigation file
pertaining to a case involving the attempted murder of a man by the accused, Arokiyaswamy.
The case, registered under Sections 294(b), 448, 324, and 307 of the Indian Penal Code, 1872,
provided a detailed account of the incident and subsequent investigative procedures. The
complaint, filed by Marudhayan, alleged that the accused, Arokiyaswamy, engaged in a violent
altercation on the day of the offense. According to the FIR, the accused became agitated when
Marudhayan was reprimanding his wife for misplacing her Aadhar card. Subsequently, the
accused attacked Marudhayan with a sword, resulting in injuries to his right hand. Marudhayan
and his wife sought medical treatment at the Government Hospital following the incident.

The police investigation, as documented in the file, commenced promptly after the incident. On
January 4, 2024, the authorities prepared a property seizure memo, seizing the sword allegedly
used in the attack. Additionally, a finger print check was conducted to ascertain if the accused's
fingerprints matched those found on the sword, indicating potential involvement in the crime.

Furthermore, the investigation file contained various documents and forms, including the
discharge form from the hospital, a checklist of procedural steps followed by the police, court-
related documents such as surrender forms and arrest memos, as well as the case diary
documenting investigative activities. Of particular significance were the eye witness testimony
and mahazar testimony, providing firsthand accounts of the incident and the subsequent police
procedures. Additionally, the file included a detailed finger print analysis, which likely played a
crucial role in corroborating evidence and establishing the accused's involvement in the crime.

Overall, the reading of the police investigation file offered valuable insights into the meticulous
investigative procedures undertaken by law enforcement authorities. The comprehensive
documentation of evidence and testimonies underscores the importance of procedural integrity
and adherence to legal protocols in criminal investigations. As the case progresses, the
evidentiary material contained in the file is expected to play a pivotal role in the judicial
proceedings, ensuring the fair and impartial adjudication of the matter.

Case III

The case of Joseph Canute Sripalan Peeris vs. The Inspector of Police, with Criminal Original
Petition (Crl OP) number 4164 of 2024, brought before the court a situation where the accused,
who had been granted bail, absconded from legal proceedings. The court, upon learning of the
accused's evasion, issued directives aimed at addressing the matter and ensuring the
administration of justice. The circumstances of the case unfolded as follows: Following the grant
of bail to the accused, Joseph Canute Sripalan Peeris, he failed to comply with the terms of his
release and absconded from legal proceedings. This breach of bail conditions raised serious
concerns regarding the accused's willingness to participate in the judicial process and uphold the
rule of law. In response to the accused's absconding, the court intervened to address the issue and
safeguard the integrity of the legal proceedings. The court directed the police authorities to
undertake a thorough investigation to locate and apprehend the absconding accused. This
directive underscored the court's commitment to ensuring accountability and upholding the
principle of judicial oversight. Furthermore, recognizing the responsibility of the defense counsel
in ensuring the appearance of the accused before the court, the judge issued a stern warning to
the defense counsel. The defense counsel was directed to take all necessary measures to produce
the accused before the court for the next hearing. Failure to comply with this directive would
result in strict consequences for the defence counsel, emphasizing the gravity of the situation and
the imperative of cooperation in the pursuit of justice.

Court Hall III

Our visit to Court Hall 3 at the Madurai Bench of the Madras High Court provided insights into
the adjudication of habeas corpus petitions by a division bench. The courtroom, presided over by
The Hon'ble Dr. Justice G. Jayachandran and The Hon'ble Mr. Justice C. Kumarappan, served as
a crucial forum for addressing cases related to habeas corpus petitions.mHabeas corpus petitions
are legal remedies sought to secure the release of individuals unlawfully detained or imprisoned.
These petitions play a significant role in safeguarding individual liberties and upholding the
principles of due process and human rights. The division bench, comprising esteemed judges,
demonstrated a commitment to ensuring prompt and fair consideration of habeas corpus
petitions. The judicial proceedings were conducted with diligence and adherence to legal
principles, reflecting a dedication to upholding the rule of law and protecting individual
freedoms.

The cause list for the day contained a total of 25 cases, highlighting the significance and volume
of habeas corpus petitions brought before the division bench. Each case represented a unique set
of circumstances and legal arguments, underscoring the diverse nature of issues addressed
through habeas corpus proceedings. Throughout our observation, The Hon'ble Dr. Justice G.
Jayachandran and The Hon'ble Mr. Justice C. Kumarappan demonstrated judicial acumen and
impartiality in their deliberations. Their meticulous examination of the facts and legal arguments
presented by both parties ensured a thorough and equitable adjudication of each case.

During the proceedings, the court deliberated on the importance of deterring criminal activities
through stringent measures, such as denying bail to certain individuals. The court emphasized
that detaining persons without bail serves as a deterrent against criminal behavior, thereby
contributing to the maintenance of public order and the reduction of crime rates. The discussion
highlighted the court's role in ensuring the safety and well-being of society by implementing
measures aimed at preventing criminal activities and promoting law and order.

Furthermore, it was noted that the proceedings in the court were conducted in a hybrid form,
incorporating both physical appearances and virtual participation through video conferencing.
This hybrid approach allowed for greater accessibility and flexibility in courtroom proceedings,
enabling advocates to participate remotely without compromising the efficiency and
effectiveness of legal proceedings. The utilization of video conferencing technology in court
proceedings reflects the judiciary's commitment to adapt to modern advancements and streamline
legal processes while ensuring accessibility and convenience for all parties involved. By
embracing hybrid forms of court proceedings, the Madurai Bench of Madras High Court
demonstrates its dedication to promoting efficiency, transparency, and inclusivity in the
administration of justice.

Court Hall V

Our visit to Court Hall 5 at the Madurai Bench of Madras High Court provided insights into the
proceedings of a service bench presided over by The Hon'ble Mr. Justice G. R. Swaminathan.
This court primarily dealt with matters related to service law and employment disputes. The
Hon'ble Mr. Justice G. R. Swaminathan, with his judicial expertise and acumen, oversaw the
proceedings with diligence and impartiality, ensuring that each case received fair consideration
and due process. The cause list for the day contained a substantial number of cases, totalling 317.
This indicates the significant caseload handled by the service bench, reflecting the importance of
addressing employment disputes and service-related grievances in a timely and efficient manner.
The cases listed on the cause list encompassed a wide range of issues, including but not limited
to, disputes related to appointments, promotions, transfers, disciplinary actions, and pension
matters. Each case represented the livelihood and interests of individuals involved, highlighting
the importance of fair and just resolution in employment-related matters.

During our visit to Court Hall 6 at the Madurai Bench of the Madras High Court, I had the
opportunity to examine a police investigation file pertaining to a case registered in Pudhukottai
Taluk. The case involved a sensitive issue related to caste dynamics and discrimination during
temple festivities conducted in the Shru Muthumariyaman Temple.

The crux of the case centered around an alleged failure by the majority community to collect
donations or contributions from the minority community during the temple festivities. It was
revealed that, historically, such discrimination had occurred, prompting the minority community
to seek legal redressal. In previous instances, attempts were made to address this issue through
settlements, acknowledging that the failure to collect donations from the minority community
could lead to legal repercussions. Despite prior agreements, concerns persisted regarding the
discriminatory practices during temple festivities. Anticipating similar issues during the
upcoming temple festival, members of the minority community proactively initiated legal action
by filing a suit before the High Court. The objective of the lawsuit was to prevent the recurrence
of discriminatory practices and ensure equitable treatment for all communities participating in
the temple festivities.

The decision to approach the High Court reflects the determination of the minority community to
address systemic discrimination and uphold principles of equality and social justice. By seeking
legal recourse, they aim to challenge discriminatory practices and advocate for inclusivity and
fairness in religious and social gatherings. The examination of the police investigation file shed
light on the complexities of caste dynamics and the persistence of discrimination in societal
institutions. It also highlighted the role of the judiciary in addressing social injustices and
promoting the principles of equality and non-discrimination. In conclusion, the case observed in
Court Hall 6 underscores the importance of legal interventions in combating caste-based
discrimination and ensuring the protection of fundamental rights for all individuals. The
proactive stance taken by the minority community exemplifies their commitment to challenging
systemic inequalities and fostering a more inclusive society.

Court Hall IV

Our visit to Court Hall 4 at the Madurai Bench of Madras High Court provided valuable insights
into the judicial proceedings presided over by The Hon'ble Mrs. Justice V. Bhavani Subbaroyan
and The Hon'ble Mr. Justice K. K. Ramakrishnan. The court proceedings, characterized by
diligence and professionalism, addressed a diverse range of cases aimed at ensuring justice and
fairness. The cause list for the day comprised a total of 41 cases, reflecting the significant
workload handled by the bench. These cases were categorized into distinct categories, each
representing specific legal matters and procedural requirements. The categories included:

i. To condone delay in filing: These cases pertained to requests seeking permission to

extend the time limit for filing legal documents or initiating legal proceedings. The
court meticulously reviewed each case to assess the grounds for the delay and
determine the appropriateness of granting the requested extension.
ii. Writ appeal: These cases involved appeals filed against decisions made by lower
courts or administrative bodies in matters concerning writ petitions. The court
deliberated on the merits of each appeal to ensure equitable outcomes and uphold the
principles of justice and fairness.
iii. Civil miscellaneous appeal: These cases encompassed appeals filed in civil matters,
addressing various legal issues such as property disputes, contractual disagreements,
and other civil controversies. The court conducted thorough examinations of the facts
and legal arguments presented by both parties to render informed decisions.
iv. For reporting compliance: These cases involved compliance with court orders or
directives issued in previous proceedings. The court monitored the progress of
compliance and took necessary actions to ensure adherence to judicial orders, thereby
promoting the effective administration of justice.

Additionally, an additional list containing one case was also noted, indicating the court's
flexibility in accommodating urgent matters or unexpected developments. Throughout our
observation, The Hon'ble Mrs. Justice V. Bhavani Subbaroyan and The Hon'ble Mr. Justice K.
K. Ramakrishnan demonstrated judicial wisdom and impartiality in their deliberations. The court
proceedings were conducted with meticulous attention to detail, ensuring that the legal rights and
interests of all parties were upheld. In conclusion, our visit to Court Hall 6 underscored the
commitment of the Madurai Bench of Madras High Court to dispensing justice and upholding
the rule of law. The diligent efforts of the judiciary in addressing a diverse range of cases reflect
the court's dedication to ensuring equitable outcomes and fostering public trust in the judicial
system.
Court Hall II

We visited Court Hall 2 of the Madurai Bench of the Madras High Court. The
court was presided over by The Hon'ble Mr. Justice D. Krishnakumar and The
Hon'ble Mr. Justice R. Vijayakumar. Upon entering the court, we observed a
solemn atmosphere, with the judges maintaining dignity and impartiality. The
cause list for the day contained nearly 80 cases, encompassing contempt petitions
and miscellaneous petitions. Despite the considerable caseload, the court diligently
proceeded through each matter, ensuring fair adjudication. The proceedings were
conducted with meticulous attention to legal procedures. Both judges exhibited a
deep understanding of the law and addressed arguments with judiciousness. Our
visit provided valuable insights into the functioning of the judicial system. We
extend our appreciation to the judges for their exemplary service.

Learning Outcomes
1. Understanding of Court Processes
 Familiarity with the procedures involved in both criminal and civil cases.
 Insight into the stages of a court case from initiation to judgment.

2. Acquisition of Court Etiquette

 Knowledge of appropriate conduct and decorum expected within a courtroom.
 Understanding of the roles and responsibilities of various stakeholders, including
judges, lawyers, and litigants.

3. Awareness of Case Delays and Backlogs

 Recognition of the challenges faced by lower and higher judiciary in managing
case delays and backlogs.
 Understanding of the impact of delayed justice on the legal system and litigants.
 4. Appreciation of Bar-Bench Relationship
 Insight into the professional relationship between lawyers and judges.
 Understanding of the collaborative dynamics between the bar and bench in the
administration of justice.
5. Evaluation of Pass Overs and Adjournments
 Recognition of the advantages and disadvantages of pass overs and adjournments
in court proceedings.
 Understanding of how these practices affect the efficiency and fairness of the
legal process.

6. Contrast between Theoretical and Practical Law

 Realization of the disparities between theoretical legal principles taught in
universities and their practical application in court.
 Appreciation of the complexities and nuances involved in legal practice.

7. Emphasis on Facts over Law

 Understanding of the emphasis placed on factual arguments over legal principles
in lower judiciary.
 Awareness of the lesser reliance on judicial precedents in certain court
proceedings.

8. Recognition of Technology's Role in Courts:

 Understanding of the evolving role of technology in the legal system, including e-
filing and virtual proceedings.
 Appreciation of the benefits and challenges associated with integrating
technology into court processes.

These learning outcomes collectively provide a comprehensive understanding of the judicial

system, its functioning, and the various factors that influence legal proceedings.