MADURAI: Observing that the judiciary has to function independently without any fear, Madras high court on Friday dismissed the anticipatory bail petitions of nine Tamil Nadu Towheed Jamath (TNTJ) functionaries from Madurai and Ramanathapuram in cases registered against them for organising a protest condemning the Karnataka high court verdict on hijab ban.
A few functionaries had made a speech in a manner allegedly threatening the judges who delivered the verdict.
"If any of the judges gets fear or apprehension by the threats, then the judicial independence would vanish, eroding the very edifice on which the institution of justice stands and that the very foundation of the democracy of the country would crumble," observed Justice K Murali Shankar. The judge said it is evident that the speakers threatened the Chief Justice of Karnataka high court and the other two judges. They have referred to the incident in which the additional district judge of Dhanbad district was killed as he was run over by an autorickshaw. The speakers also issued threats to the
Supreme Court judges.
"No doubt, everyone can express their view, opinion, or comments or even criticise the judgments of the courts, but that must be within the limits of reasonable courtesy and good faith. Undoubtedly, the judgments are open to criticisms, but no person can be permitted to overstep the limits of fair, bonafide and reasonable criticism of a judgment," observed the judge. Considering the gravity of the offences, the fact that petitioners were the organisers of the meetings in which such open threats were made against the judiciary and that the investigation is at the initial stage, the court said it is not inclined to grant anticipatory bail to the petitioners.
The anticipatory bail petitions were filed by Asan Basha and Habibullah apprehending arrest in a case registered by Tallakulam police in Madurai. On March 17, TNTJ members staged a protest near Goripalayam mosque in Madurai district. During the protest, TNTJ's auditing committee member Rahmathullah had allegedly made the remarks threatening the judges. The court also dismissed the anticipatory bail petition filed by Al Malik Baizul, Thoufeek, Syed Naina, Yasar Arabath alias Yasar, Abbas,
Seeni alias Seeni Umar Kathar and Althaf Usain who are apprehending arrest in a case registered by Thiruvadanai police in Ramanathapuram district. On March 18, TNTJ members had staged a protest against the verdict on hijab ban, despite police denying permission.