Recently, the Madras High Court was confronted with a surprisingly persistent problem that lay hidden behind routine criminal case disposals. What appeared at first to be procedural clutter soon revealed a larger access-to-justice gap, thousands of stolen or recovered mobile phones lying abandoned in court property rooms, and families of road accident victims completely unaware that they were legally entitled to compensation. This realisation emerged during the Court’s interaction with the Tamil Nadu State Legal Services Authority, prompting the Bench to intervene suo motu and examine the systemic lapses that were silently affecting ordinary citizens.
The case arose from the Court’s own observations while dealing with a set of matters before the dedicated bench handling minor offences. During case disposal, the Judge noticed that mobile phones seized in theft cases had been piling up for years because their owners never returned to collect them, largely due to the time and expense involved in approaching the court again. The Court also noticed, while dealing with matters relating to motor accidents, that the dependents of deceased victims and even injured persons did not know they could claim compensation before the Motor Accidents Claims Tribunal. Many disclosed during court-ordered interactions that they had “no awareness” of such rights. It was at this point that the Court initiated the present suo motu proceedings.
Since the matter originated suo motu, there were no adversarial pleadings. However, through the inputs received from the Legal Services Authority, prosecutors, and the Member Secretary, it became clear that victims rarely pursued the return of recovered property because the cost of reapproaching the Court exceeded the value of the device, and the process required an entire day’s wage loss, travel, and repeated appearances. At the same time, accident victims and their dependents revealed, upon enquiry, that they did not even know compensation could be claimed, indicating a deep information gap that legal services bodies had not been able to bridge effectively.
The Court observed that mobile phones “diminish significantly in value after the theft and recovery,” and that complainants “have to spend more than the value, lose their wage… and wait for the whole day” to retrieve them.On accident cases, the Court recorded that “it was shocking to discover” that many dependents were “unaware of such rights to claim compensation,” noting further that “in many cases, there is a lack of awareness.”
The Court issued comprehensive procedural directions to streamline the return of mobile phones through email-based verification and courier delivery supervised by the District Legal Services Authority. It also directed investigating officers and the Legal Services Authority to ensure that accident victims and dependents are informed about their right to compensation and provided legal aid whenever required. Awareness campaigns were ordered to be undertaken to bridge the information gap.
Case Title: Suo Motu V. The State of Tamil Nadu and Others
Case No.: Suo Motu W.P.Crl.No.618 of 2025
Coram: Hon’ble Mr Justice D.Bharatha Chakravarthy
Counsel for the Petitioner: Suo Motu
Counsel for the Respondent: Public Prosecutor, Deputy Solicitor General of India Rajesh Vivekanandan, Amicus Curiae M.Guruprasad, Special Public Prosecutor P.Sidharthan
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