The Madras High Court has taken serious note of the Omalur police in Salem district having issued summons to the counsel for a history-sheeter to produce records that were required to consider the latter’s request to remove his name from the history sheet.
Justice N. Anand Venkatesh wrote, it was quite “unfortunate” that the police had chosen to issue summons to an advocate under Sections 91 (for production of documents) and 160 (power to require attendance of witnesses) of the Code of Criminal Procedure.
“This clearly establishes non-application of mind and issuing such a summon to an advocate representing his client clearly impinges upon the stature of an advocate. The respondent probably did not even realise the seriousness of issuing such a summon to an advocate representing his client,” the judge said.
The judge recorded that the submission of the government advocate (criminal side) that he would instruct the police officer concerned to withdraw the summons forthwith and write a letter to the advocate, P. Vijendran, expressing regret for the mistake committed.
The submissions were recorded while passing interim orders on a contempt of court petition filed by history-sheeter A. Sankar, and the matter was ordered to be listed on June 6 for reporting compliance. The judge said the court expected the police officer to act upon the government advocate’s instructions.
The judge also pointed out that the police could not issue summons under Sections 91 and 160 even to the history-sheeter since those provisions could be invoked only during the course of an investigation of a criminal case and not while considering a plea to remove his name from the history sheet.
In the present case, the court had disposed of the the history-sheeter’s writ petition on January 18, 2019, with a direction to the police to consider his plea in the light of a Supreme Court verdict touching upon the issue. Since that direction was not complied with, he had filed the contempt petition. After this, the police had issued summons to his lawyer.
