P V BAKTHAVATCHALAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE above writ petition has been filed for the issue of a writ of mandamus directing the first respondent to pay a sum of rupees five lakhs as compensation to the petitioner, and to frame a scheme to provide adequate and fair compensation in such cases.

(2.) THE petitioner, in the affidavit filed in support of the writ petition, states as follows: THE petitioner is a practising lawyer and the President of the Organisation for Civil and Democratic Rights, which fights for the downtrodden in the State of Tamil Nadu . During the Emergency there was an agitation throughout tamil Nadu to protest against the murder of one Seeralan of Tirup-pattur and appu of Coimbatore by Police, and as a part of the agitation the Organisation referred to, devotedly participated to force the Government to appoint an enquiry Commission on the Police atrocities and take action against the erring police Officers. THE agitation ended with an appointment of an Enquiry commission and the subsequent dismissal and prosecution of several Police officers. Since the petitioner had taken active part in the above struggle, the entire administration had taken a prejudiced view on the petitioner from that time onwards.

(3.) THE learned counsel appearing for the petitioner while referring to the averments made in the affidavit, relied upon the two decisions referred to in the affidavit itself as noticed supra and contended that the facts on record will prove the plea of malicious prosecution, justifying recourse to this court, invoking proceedings under Art. 226 of the Constitution of India and that no exception could be taken to the claim for compensation made in the case.