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V.Vijay v. the District Collector

Madras HC5 Mar 2025WP/39391/2024

Case brief

AI extract

What is this about?

Rule 4(5) SC/ST (Prevention of Atrocities) Rules 1995; appointment of eminent Senior Advocate as Special Public Prosecutor; victim's choice of prosecutor; Rule 4(6) fees payable by Government; no minimum practice requirement; mandamus to District Collector; SPL.S.C.No.175 of 2023; fair trial apprehension when police officials are accused; murder of Scheduled Caste victim; Special Court for SC/ST Act cases cum Principal Sessions Judge, Chennai; two-week compliance direction.

What did the court decide?

Writ of mandamus allowed: the first respondent (District Collector, Chennai District) is directed to appoint Mr.B.Mohan as an eminent Senior Advocate (Special Public Prosecutor) to conduct the case in SPL.S.C.No.175 of 2023 within two weeks of receipt of a copy of the order; no costs. ¶52

V.Vijay Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the first respondent to engage Mr.B.Mohan as an eminent Senior Advocate (Special Public Prosecutor) to conduct the case in SPL.S.C.No.175 of 2023 pursuant to Rule 4(5) of the SC/ST Rules. +1 more

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Court's answer

The first respondent is the competent authority to engage an Advocate for conducting cases in the Special Court.

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Ratio / Principle

Rule 4(5) lays down no minimum length of practice and puts no restriction on appointment as Special Public Prosecutor; the advocate must be of the choice of the victim of atrocity and, in the opinion of the first respondent, an eminent Senior Advocate.

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Key takeaways

Under Rule 4(6) of the SC/ST Rules, payment of fees is only with the Government and the selection of the lawyer is to be made by the victim.ratio¶46
Fees other than those fixed by the Government cannot be sought to be increased either by the victim, the relative of the victim, or the lawyer appearing for the victims.ratio¶46
The first respondent is directed to appoint Mr.B.Mohan as an eminent Senior Advocate (Special Public Prosecutor) to conduct the case in SPL.S.C.No.175 of 2023 within a period of two weeks from receipt of a copy of the order.

Detailed headnote1 paragraphs

Madras High Court (G.K.ILANTHIRAIYAN, J.), in a writ petition under Article 226 by V.Vijay, held that under Rule 4(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 the District Collector (first respondent) is the competent authority to engage counsel for the Special Court; Rule 4(5) prescribes no minimum length of practice and imposes no other restriction, and the advocate must be of the victim of atrocity's choice and an eminent Senior Advocate in the first respondent's opinion. Relying on Rule 4(6), the court observed that fees are payable only by the Government at Government-fixed rates (which neither the victim, the victim's relative, nor the lawyer can enhance) and that the selection of the lawyer rests with the victim. Notwithstanding the first respondent's cost-based objection to appointing an advocate from outside the district (Erode), the court directed the first respondent to appoint Mr.B.Mohan as eminent Senior Advocate (Special Public Prosecutor) to conduct the trial in SPL.S.C.No.175 of 2023 (arising from the murder of the petitioner's brother, a member of the Scheduled Caste community, by Police officials) within two weeks. Writ petition allowed, no costs.

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W.P.No.39391 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.03.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

W.P.No.39391 of 2024

V.Vijay

... Petitioner

The District Collector, Chennai District, Chennai 600001.

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The State

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Rep. by the Deputy Superintendent of Police, CBCID, OCU-I,

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Chennai – 600008. ... Respondents

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Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing the 1 st Respondent herein to immediately take steps in accordance with law to engage Mr.B.Mohan, as an eminent Senior Advocate (Special Public Prosecutor), to conduct the case in SPL.S.C.No.175 of 2023 on the file of the Special Court for the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases cum Principal Sessions Judge, Chennai pursuant to Rule 4(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, which allows for the appointment of a Senior Advocate in light of the Petitioner's

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W.P.No.39391 of 2024

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representation dated 23.10.2024.

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For Petitioner : Mr.J.Saravana Vel

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For Respondents : Mr.P.Balathandayutham, Special Government Pleader (for R1)

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Mr.A.Gopinath, Government Advocate (Crl. Side) (for R2)

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ORDER

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This Writ Petition has been filed for directing the 1st Respondent herein to immediately take steps, in accordance with law, to engage Mr.B.Mohan, as an eminent Senior Advocate (Special Public Prosecutor), to conduct the case in SPL.S.C.No.175 of 2023, on the file of the Special Court for the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act Cases cum Principal Sessions Judge, Chennai, pursuant to Rule 4(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter referred to as the SC/ST Rules, for short), which allows for the appointment of a Senior Advocate, in light of the Petitioner's representation dated 23.10.2024.

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2. Heard the learned counsel for both sides and perused the materials

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W.P.No.39391 of 2024

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available on record.

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3. The petitioner's brother was murdered by the Police officials. He belongs to the Scheduled Caste community. Therefore, the petitioner apprehends that there would not be a fair trial if the same Public Prosecutor conducts the trial, since the Police Officials are the accused. The learned counsel for the petitioner also pointed out that Rule 4(5) of the SC/ST Rules provides the right of the petitioner to engage an eminent Senior Advocate (Special Public Prosecutor) for conducting cases in the Special Court.

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4. On a perusal of the counter affidavit filed by the first respondent and the submission made by the learned counsel for the respondents, it reveals that the petitioner seeks to appoint a Senior Advocate from Erode District. However, appointing a different District Advocate for the matter in question is not feasible. This is due to the substantial expenses that will be incurred, including travel allowances, accommodation, food, and professional fees. Therefore, the first respondent is prepared to provide a legal aid panel based in Chennai District, in accordance with Rule 4(5) of the SC/ST Rules, because the Chennai District legal aid expenses include

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W.P.No.39391 of 2024

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only the fees, with other expenses being excluded.

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5. It is relevant to extract the provisions under Rule 4(5) of the SC/ST

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Rules, as follows:-

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“ 4. Supervision of prosecution and submission of report –

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...... ( 5) Notwithstanding anything contained in sub-rule (1), the District Magistrate or the Sub-Divisional Magistrate may, if deem necessary or if so desired by the victims of atrocity, engage an eminent Senior Advocate for conduction cases in the Special Courts on such payment of fee as he may consider appropriate.

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Thus, it is clear that the first respondent is the competent authority to engage

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an Advocate for conducting the cases in the Special Court.

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6. Further, it does not lay down any clarification as to the minimum length of practice for the person to be appointed as Special Public Prosecutor. Further, it does not put any restriction, and the choice of victims of atrocity is subject to the condition that the person should be an eminent Senior Advocate. Thus, the Advocate should be of the choice of the victim of atrocity and also, in the opinion of the first respondent, an eminent Senior Advocate.

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W.P.No.39391 of 2024

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7. Now, the petitioner has sought the appointment of one Mr.B.Mohan

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as Special Public Prosecutor to conduct the trial. Therefore, the contention of the first respondent is that the cost of appointment of an eminent Advocate from another District or another State, which would have a bearing on the Government financially, cannot be accepted. Since Rule 4(6) of the SC/ST Rules also clearly stipulates that the payment of fees is thus only with the Government, and the selection of the lawyer is to be made by the victim. The fees fixed, other than the one fixed by the Government, cannot be sought to be increased either by the victim, or by the relative of the victim, or by the lawyer appearing for the victims.

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8. In view of the above, the first respondent is directed to appoint

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Mr.B.Mohan, as an eminent Senior Advocate (Special Public Prosecutor), to conduct the case in SPL.S.C.No.175 of 2023, on the file of the Special Court for the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases cum Principal Sessions Judge, Chennai, within a period of two weeks from the date of receipt of a copy of this order.

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W.P.No.39391 of 2024

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9. With the above directions, this Writ Petition is allowed. No costs.

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05.03.2025 1/2

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Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order