SYED SHABBIR HUSSAIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners have filed these Writ Petitions seeking for a direction to respondents-1,2 and 3 to hold an enquiry on the validity of constitutional right under Articles 21 and 22 (2) of the Constitution of India and for payment of compensation of Rs. 5,00,000/- to each of the petitioners for putting handcuffs, chaining and treating them like animals, making them nude and being paraded from Police station to Magistrate?s House at Koppal on 20. 11. 1998 and for other reliefs.

(2.) THE case of the petitioners is that they were arrested on 19. 11. 1998 and were produced before the Magistrate on 20. 11. 1998, i. e, after 24 hours and the further allegation of the petitioners is that when they were taken from the Police Station to the Magistrate Court they were handcuffed, chained and paraded in the street and they were made to remove all clothes except underwear. On these allegations, this Court by an order dated 16. 6. 1999 directed the 3rd respondent to hold an enquiry and submit a report within two weeks from the date of the order. Pursuant to the said direction 3rd respondent held the enquiry and submitted the report stating all the allegations made by the petitioners in the Writ Petitions are not correct and no illegality has been committed by the Police Officers. This Court having not accepted the said Report, by an order dated 4. 9. 2000, referred the matter to the CBI for investigation and report. Pursuant to this Order, the CBI - 7th respondent has submitted the report on 2. 3. 2001. The finding in the Report reads as follows:-

(3.) SRI Billappa, learned Counsel for respondent-6 disputed the finding recorded by the CBI, saying that the Report does not reflect the true facts and therefore the same cannot be relied upon for the purpose of coming to the conclusion that the petitioners were not illtreated and harassed.