NIRMALA Vs. STATE OF TAMIL NADU AND ORS

JUDGEMENT

(1.) The appellant, an Assistant Professor in Law at Andhra University, Visakhapatnam, is the wife of K.Ravinder, who, according to her, was done to death in a fake encounter on 10.1.2000 by the Tamil Nadu Police. Therefore, alleging brutality and messing up things by the police and other higher officials, with an intention to screen the offenders in killing of her husband and further pleading utter violation of human rights, the appellant has filed W.P.No.1885 of 2000 before this Court, praying to award her a compensation of Rs.10 lakhs for the death of her husband and for the illegal detention, torture etc. She has also filed W.P.No.1886 of 2000, praying to register a case under Section 302 IPC against all the police officers and policemen, including 'Q' Branch CID, Dharmapuri, Special Task Force, who participated in the search operation that led to the death of her husband K.Ravinder and handover the investigation to Central Bureau of Investigation, as laid down in the recommendations of the National Human Rights Commission, vide their letter dated 22.3.1997, addressed to all the Chief Ministers.

(2.) Both the above said writ petitions were dismissed by a learned single Judge of this Court, by a common order dated 9.6.2000. Aggrieved against the decision of the learned single Judge, in rejecting her prayer in W.P.No.1886 of 2000 (with regard to registration of case against the police officials and transfer of investigation to CBI), the appellant has come forward to file the present writ appeal. And, as against the dismissal of W.P.No.1885 of 2000 (with regard to grant of compensation), the appellant had filed W.A.No.1024 of 2001. However, the said W.A.No.1024 of 2001 was dismissed by the First Bench of this Court, by the judgment dated 16.7.2001, observing as follows:

(3.) The case of the appellant, in the affidavit filed before the learned single Judge, is that her husband Ravinder was working as Junior Engineer in the Department of Telecommunications since 1982 and his honest service and fighting nature against corruption and nepotism, has gained him the wrath of corrupt officials and some politicians, as a result, ultimately, he resigned his services on 5.4.1997 and proceeded to work for the toiling poor.