Savukku Shankar case: Split verdict an incomplete expression, says third judge; refers matter to Madras HC division bench
This is a peculiar case where one judge taken a decision without the counter of the State and the other judge had a view that time has to be given to the State to file counter, observed the judge.
Savukku Shankar; Madras High Court
CHENNAI: Holding that the split verdict delivered to the habeas corpus petition (HCP) moved by the mother of Savukku Shankar seeking to quash the goondas detention is an incomplete expression of this Court, the Madras High Court referred the matter to be heard before the division bench holding HCP portfolio.
Justice G Jayachandran directed the registry to list the matter on June 12 to hear the petition fresh.
The judge also formulated references to be answered in the fresh hearing. Whether the HCP can be decided without the State filing formal counter and the view taken by a division bench, if one of the judge gone into the merits of the case and other judge without going into the merits can be considered as a whole judgment.
This is a peculiar case where one judge taken a decision without the counter of the State and the other judge had a view that time has to be given to the State to file counter, observed the judge.
Further, Justice G Jayachandran also opined that Justice GR Swaminathan ought have recused from hearing the HCP if two persons approached him to influence the hearing when he lead the vacation bench and concurred with the decision of Justice PB Balaji to allow the State to file it's counter.
Additional Advocate General (AAG) J Ravindran submitted that Justice G Jayachandran as a referral judge cannot formulate new references out of the references made by the vacation bench. The AAG filed the counter of the State after the Court directed to submit it.
The AAG also submitted that the HCP can not be heard before Justice G Jayachandran as the referral judge, since the vacation bench delivered a split verdict, which is not vertical.
On May 23, the vacation bench lead by Justice GR Swaminathan heard the HCP moved by A Kamala, the mother of detained Shankar seeking to quash the goondas invoked on her son.
In an unusual manner, Justice GR Swaminathan delivered his judgment quashing the goondas the very next day (May 24), without the counter of the State.
The judge said that he delivered the judgment as two highly placed persons approached him to not to hear the HCP on merits.
However, Justice PB Balaji the other judge comprised in the bench had a different view that the State should be allowed to file the counter.
Since the bench could not attain consensus the matter was listed before Justice G Jayachandran as the third judge to reach finality.
