K SENGUTTUVAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This case is yet another instance where the organized Bar attempts to derail the criminal investigation in their anxiety to make one of their wayward member from facing the prosecution, being an accused for an offence involving murder. This case also shows the ever willing Government instead of upholding the rule of law, succumbing to the dictates of a pressure group, thanks to a green signal given by the Court.

(2.) The fifth respondent, who is a Station House Officer and the Inspector of Police at Paravakkottai Police Station, Mannargudi Taluk, had registered an FIR at the behest of the petitioner, who is the resident of East Street, Main Road, Keelathiruppalakudi village. On 25.12.2005, the petitioner had appeared before the police station around 2.30 p.m. and informed them that when he went to the main road at Sundarakottai to meet his brother Tamilselvan around 09.30 a.m., his brother was coming from the northern side to south side after bathing his cattle. At that time, from the house of one Asaithambi, four persons including Ullikottai Poyyamozhi, Elangovan (R-7), who is the then President of Ullikkottai Panchayat, and an another person by name Ullikkottai Selvam came running with Veecharuval (Spring Knife) and attacked Tamilselvan by shouting "rhTlh" (die). Tamilselvan's right arm came off and fell on the road. He was further attacked by all the four accused. There were witnesses present in the public road and were shouting "save him, save him". The criminal gang by collecting his hand got into a waiting Minidor Auto and escaped along with cut arm through the southern side. Tamilselvan was admitted by the writ petitioner in the Mannargudi Government Hospital. He was referred to for further treatment at Thanjavur Medical College Hospital. However he was taken to one private hospital. At about 11.20 a.m., it was informed that he was already dead. On the basis of this information, criminal investigation started and an FIR was registered in FIR No.204 of 2005, dated 25.12.2005 at 2.30 p.m.. The offence which was initially registered under Section 307 IPC after the news of the death and on further investigation was altered as offence under Section 302 read with 109, 34 and 120-B IPC as well as Section 4(1)(b) of the Explosives Substance Act, 1908. The 7th respondent Elangovan who was the President of the Panchayat as well as an Advocate and a member of the Mannargudi Bar Association, was directed to appear before the investigating officer on on 1.8.2006. After conducting an investigation, a final report was submitted to the Judicial Magistrate-II, Mannargudi on 11.08.2006. It was taken on file as PRC No.9 of 2006 and was to be referred to the appropriate Sessions Court.

(3.) It was at this stage, the said Elangovan (A-2) got a letter sent by one A.Selvaraju claiming to be the President of Mannargudi Bar Association on 5.4.2006 addressed a letter to the Chief Justice of this court. The letter was not typed in the letterhead of the Bar Association. In that communication, there was no reference to any resolution of the Association. At the maximum, it was an attempt by a President of the local Bar Association in attempting to help a member. The gist of the letter was that R-7 was a practicing Advocate and a member of the Bar Association. A criminal case was filed at the instance of the writ petitioner, who was not having cordial relationship with the accused Elangovan. He was not at all present during the occurrence and was falsely implicated. The Station House Officer did not conduct a proper investigation. Even the family members of the said Elangovan, i.e., sister and wife were also detained in the station for several hours. Therefore, they wanted the Chief Justice to conduct a discreet enquiry and to take an appropriate action to safeguard the life and reputation of the Advocate, who was victimized by the police. There was nothing on record to show that the letter was received by the Hon'ble Chief Justice and was acted upon with any endorsement made by the Chief Justice.