The Division Judge Bench of the Madras High Court, comprising Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy in the case of Syed Ibrahim v. The Tamil Nadu State Election Commissioner & Ors has dismissed the petition by imposing the cost of Rs. 10,000 on petitioner for deliberately suppressing the facts of the case.
Submission of the Petitioner
The Counsel on the behalf of the Petitioner submits that the police and other officers are restraining the petitioner from going for the election campaign all through the area of 95th Ward in the Coimbatore Corporation and thereby his fundamental right guaranteed under Article 21 of the Constitution is infringed.
Submission of the Respondent
The Counsel on the behalf of the Respondent submitted that the petitioner was entering a sensitive area of Ward No.95 and there was not only fear of disturbance of law and order, but even threat to the petitioner. Thus, an order was issued on 5.2.2022 with a copy to the petitioner that when petitioner wants to enter the sensitive area, prior information to the authorities may be given. The petitioner tried to take law into his hands, thus, a criminal case was registered.
Reasoning and Decision of the Court
The Court perused the facts of the case and was further informed by the Petitioner that he was not aware about the registration of FIR and the respondents have not addressed any letter to the petitioner requiring him to inform the authorities 24 hours before entering the sensitive area.
The Court perused the order which shows that an affidavit was sought to be filed by the petitioner that a case has not been registered against him by the petitioner and at the same time, no notice was ever served or tried to be served on him and learned Advocate General has produced a copy of the letter which was endorsed and received by the petitioner.
The Court has observed that “Despite receipt of the letter to the effect that whenever he wants to enter the sensitive area, an information may be given 24 hours in advance, the petitioner failed to pay heed to such instruction. The fact aforesaid was suppressed by the petitioner”.
Taking into consideration the facts of this case, the Court dismissed the Petition and held that the costs have been imposed considering the conduct of the petitioner, as he had preferred the writ petition after suppression of facts and even thereupon he did not file a specific affidavit, as directed, rather tried to twist the facts.
Case Details
Case: - W.P.No.3021 of 2022
Petitioner: - Syed Ibrahim
Respondent: - The Tamil Nadu State Election Commissioner & Ors
Judge: Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy
Picture Source : https://akm-img-a-in.tosshub.com/indiatoday/images/story/202009/cover_pic_6_1200x768.jpeg?1vJXVlbHWXYU4wxJOML_a7L1IMWk3.vm&size=770:433
