An Example Of A Writ Mandamus-The Shankaracharya Case

I had written about restraining a police officer from abusing his powers in a previous post

Here is the excerpt from the judgment from that post that explains writ mandamus:

“It appears to us that, though the Code of Criminal Procedure gives to the police unfettered power to investigate all cases where they suspect that a cognizable offence has been committed, in appropriate cases an aggrieved person can always seek a remedy by invoking the power of the High Court under Article 226 of the Constitution under which, if the High Court could be convinced that the power of investigation has been exercised by a police officer mala fide, the High Court can always issue a writ of mandamus restraining the police officer from misusing his legal power”

I was looking for a good example of a judgment in response to a writ mandamus petition. I found a great example. This is the case of the Kanchi Shankaracharya who got entangled in a criminal case.

Looks like the police froze the accounts of the trust he runs and subsequently, the writ mandamus was filed and upheld by the Chennai High Court.

The Hon’ble judge says:

“Prof.Wade, in his magnum opus “ADMINISTRATIVE LAW”, (9th Edition – Page 343), observes as follows, while dealing with “Restriction of Discretion”: ” The first requirement is the recognition that all power has legal limits. The next requirement, no less vital, is that the courts should draw those limits in a way which strikes the most suitable balance between executive efficiency and legal protection of the citizen. Parliament constantly confers upon public authorities powers which on their face might seem absolute and arbitrary. But arbitrary power and unfettered discretion are what the courts refuse to countenance. They have woven a network of restrictive principles which require statutory powers to be exercised reasonably and in good faith, for proper purposes only, and in accordance with the spirit as well as the letter of the empowering Act.”

I am adding this here, as the cops play the role of the intimidator, bounty hunter, goon and extortionist in almost all 498A cases. A writ mandamus is one of the means to put them in their place. If you need more convincing, re-read the excerpt from the judgment above.

Here is the judgment: Chennai HC: An Example Of A Writ Mandamus

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4 Responses to “An Example Of A Writ Mandamus-The Shankaracharya Case”


  1. 1 Praveen Chitnis August 9, 2010 at 5:33 am

    Dear Mr.Saxena

    You are doing a wonderful job here and shall recommend all my friends to visit your site.

    Regards

    Praveen Chitnis

    Like

  2. 2 V.K.Abdulla February 3, 2012 at 3:39 pm

    Sir,
    I am restricted by the Indian Railways from constructing a dwelling unit as the plot falls within 40mtrs of the railway track on the plea that the land is required forfurthr dvelopment.

    Is there ny legal remedy to get the NOC from the Railways, so that the Municipal corporation can issue the permission to carry on the construction.

    Like

  3. 3 Wasandi Biosolar Energy (Pvt)ltd February 26, 2012 at 12:07 pm

    Sir eight month before a henouse crime of ”kidnapping for ransom” was taken place, when goerment servent coming back home from twon, near his village was kidnapped, his family in written request to the police station, but police did not file the case. And oral rquest were made to the high up of the same same station. But no one heared, 40 days after the kidnapping and negotiation with kidnappers , hostage person was recovered on ransom but police did not register the case. Now what remedy can be suggested from high court mandamus writ can be filled.

    Like

  4. 4 don la July 10, 2014 at 7:37 am

    can you please give a sample from like thing how i should write a writ of mandamus to courts against unilateral conviction of plagiarism

    Like


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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