CWC official escapes jail as Supreme Court sets aside HC order
TNN | Nov 11, 2018, 08.59 AM IST
CHENNAI: Eleven months after the Madras high court sentenced the chairman of Child Welfare Committee (CWC), Chengalpet, to two months imprisonment for contempt of court, the Supreme Court has set aside the order.
Allowing an appeal moved by CWC chairman R N Manikandan, a division bench of Justice S A Bobde and Justice L Nageswara Rao said: “Having gone through the record of the case, we find that in the facts and circumstances of the case the sentence of two months imposed was not warranted, particularly in view of the apology tendered by the appellant who was exercising the powers of quasi-judicial authority.”
The bench, however, made it clear that the order should not have any bearing on the merits of a connected writ petition pending before the high court.
On December 14, 2017 a single judge of the high court passed the contempt order after finding Manikandan guilty of wilfully disobeying an interim order passed by the court on June 7, 2017 to hand over the custody of five destitute children to the Franciscan Sisters of St Joseph who run two homes named after St Assisi, for destitute children at St Thomas Mount.
The five children, aged between nine and 12 years, were taken care of by the home since their birth and were being educated at Montford Matriculation Higher Secondary School at St Thomas Mount. Alleging that the home was not registered under the Juvenile Justice (Care and Protection of Children) Act, Manikandan forcibly shifted the children to other private home at Tambaram.
TNN | Nov 11, 2018, 08.59 AM IST
CHENNAI: Eleven months after the Madras high court sentenced the chairman of Child Welfare Committee (CWC), Chengalpet, to two months imprisonment for contempt of court, the Supreme Court has set aside the order.
Allowing an appeal moved by CWC chairman R N Manikandan, a division bench of Justice S A Bobde and Justice L Nageswara Rao said: “Having gone through the record of the case, we find that in the facts and circumstances of the case the sentence of two months imposed was not warranted, particularly in view of the apology tendered by the appellant who was exercising the powers of quasi-judicial authority.”
The bench, however, made it clear that the order should not have any bearing on the merits of a connected writ petition pending before the high court.
On December 14, 2017 a single judge of the high court passed the contempt order after finding Manikandan guilty of wilfully disobeying an interim order passed by the court on June 7, 2017 to hand over the custody of five destitute children to the Franciscan Sisters of St Joseph who run two homes named after St Assisi, for destitute children at St Thomas Mount.
The five children, aged between nine and 12 years, were taken care of by the home since their birth and were being educated at Montford Matriculation Higher Secondary School at St Thomas Mount. Alleging that the home was not registered under the Juvenile Justice (Care and Protection of Children) Act, Manikandan forcibly shifted the children to other private home at Tambaram.
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