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The Madras High Court, on Friday, August 28, questioned Tamil Nadu Finance Minister N Marie Wilson’s continued absence before a Judicial Magistrate in Puducherry in connection with an assault case, stressing that a minister cannot claim exemption from court proceedings merely by virtue of holding office.
Justice V Lakshminarayanan made the observations while hearing petitions filed by Wilson seeking relief in the criminal case pending before the Puducherry court. The case relates to allegations that Wilson and his father trespassed into the house of his sister-in-law and assaulted her and her husband.
According to a LiveLaw report, the judge orally remarked that ministers are not above the law and recalled that former Prime Minister PV Narasimha Rao had appeared before a court while holding the highest executive office in the country. “When Narasimha Rao was the Prime Minister of the country, he appeared in court. You're just a Minister, Finance Minister of the State. Let us not give an impression that a Minister is above the law,” the judge orally remarked.
Justice Lakshminarayanan also questioned whether Wilson considered himself the “King of England” for avoiding appearance before the Puducherry court. The judge reportedly pointed out that Wilson had appeared before the court when he was an MLA but had stayed away after becoming a Minister.
The immediate issue arose after Wilson’s counsel informed the High Court that an additional charge sheet had been filed before the Puducherry Magistrate but a copy had not been made available to the accused.
The court questioned how the accused could expect to receive a copy of the charge sheet when they were not appearing before the Magistrate. “You're not going to the court. How will they give you a copy?” the court asked.
The prosecution case relates to an alleged assault involving Wilson’s brother and sister-in-law. The incident allegedly arose from a family dispute concerning the adoption and upbringing of a minor child. The allegations include trespass, assault, abuse and criminal intimidation.
The matter had earlier been referred for mediation after the High Court was informed that the parties were close relatives. However, the complainant later expressed unwillingness to continue with mediation. Justice Lakshminarayanan had then observed that the court could not compel an unwilling party to participate in mediation and proceeded to consider the quash petition on merits.
During Friday’s hearing, the Minister’s counsel also sought exemption from his appearance before the Puducherry court, citing the ongoing Assembly session. Counsel Haja Mohideen Gisthi also submitted that Wilson had gone on a pilgrimage to the Velankanni shrine.
The counsel subsequently sought permission to withdraw the petition after informing the court that a fresh charge sheet had been filed in the Puducherry case. The court permitted withdrawal of the petition and granted exemption from appearance until August 31.
However, the High Court had directed the Minister’s counsel to inform the court of the date on which Wilson would appear before the Magistrate. The counsel had stated that Wilson would be willing to appear after the Assembly session ended.
The High Court’s remarks came in the backdrop of Wilson’s challenge to the criminal proceedings pending before the Judicial Magistrate Court-I, Puducherry.
