A SOUNDARAJAN Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) IN this Writ petition, the petitioner prays for a Writ of Certiorari to call for the records pertaining to G.O. Ms. No.1653 Public (Law and Order) Department dated 11.12.2000 and quash the same.

(2.) THE petitioners are working in the Police Department in various capacities in Coimbatore District. While they were functioning in the Prohibition Enforcement Wing, Podhanur, the first petitioner herein arrested one Vijayan, Kanakaraj and Sivasami on 19.03.2000 as they were involved in transporting illicit liquor. A criminal case was registered against the said persons in Crime No.655 of 2000 for the offences under Section 4(1)(aaa), 4(1)(A) of the Tamil Nadu Prohibition Act read with 468, 471 and 420, IPC. THEy were arrested around 14.30 hours and brought to the station at about 18.00 hours and they were kept in the Unit Office at Podhanur, Coimbatore District. Vijayan was the lorry owner/driver, Kanakaraj is the Cleaner and the said Sivasami is the mediator. As 19.03.2000 was a holiday, the accused could not be produced before the Judicial Magistrate concerned and hence they were kept in the Unit Office on the night of 19.03.2000. That being so, the first accused namely Vijayan committed suicide by hanging himself at about 5.20 a.m. on 20.03.2000 in the bathroom. THE first petitioner gave a complaint of suicide at the Podhanur Police station on 20.03.2001 at 7.30 hours and the same was registered as Crime No.156 of 2000. THE complaint was forwarded to the third respondent herein, the Revenue Divisional Officer for conducting an enquiry under PSO 145. THE third respondent conducted an enquiry at about 8.00 a.m. and sent the body for postmortem at 14.30 hours to Coimbatore Medical College Hospital and Postmortem was conducted the next day at 10.15 p.m. THE postmortem was videographed and the doctor who conducted the postmortem gave a final report stating that the deceased died as a result of asphyxia due to hanging. THE petitioners 1 to 6 were suspended on 20.03.2000 for the said suicide and the suspension was subsequently revoked on 29.09.2000. THEreafter, they continue to be on duty.

(3.) I have heard Mr. Gandhi, learned Senior Counsel for the Petitioners. Considering the nature of the impugned order, and the narrow scope for interference in the Writ Petition, the learned Senior Counsel laid emphasis only on the report of the State Human Rights Commission. According to him, the State Human Rights Commission being a statutorily constituted Judicial Forum had gone into the issue in detail and found that the petitioners were not guilty of any violation of custodial regulations. The Commission had also found that the death was only due to suicide and that the Petitioners were not in any manner responsible for the deceased to commit suicide. When such a clear finding has been rendered by the Commission, it is not open to the Government to ignore the same and to initiate criminal action or Departmental proceedings against the petitioners.