ANJALAM Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE appellant is the wife of the deceased Pandian. Claiming that her husband Pandian was tortured and done to death by respondents 3 to 6, all police officials, in connivance with some named private persons, she filed a writ petition before the learned single Judge, praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to launch prosecution against the respondents 3 to 6 under appropriate provisions of the Indian Penal Code, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and other laws, award suitable compensation to the appellant herein for the death of her husband, Pandian. Since her prayer was not answered by the learned single Judge in the manner expected by her, she has come forward to file this writ appeal.

(2.) FROM the materials placed on record, the factual aspects that we are able to collect are that one Seeman, son of Sengamalai Udayar of Veppur Village, Perambalur Taluk of the then composite Trichy District, lodged a complaint on 8.12.1994 at 10 am (Thursday) with Kunnam Police Station alleging that his minor daughter Selvarani, aged 16 years, was kidnapped by one Mohan, son of Paramasivan of Anthur Village, who was working in his rice mill at Veppur as a driver, on the night of 4.12.1994 (Sunday). Based on this, a case in Cr.No.307/1994 of Kunnam P.S. was registered under Section 366 IPC. According to the respondents, in spite of the sustained efforts put in by Kunnam Police, the accused Mohan and the kidnapped girl Selvarani could not be traced. Thereafter, the above said complainant Seeman filed a Habeas Corpus Petition in H.C.P.No.117/1995 before this Court on 23.1.1995, seeking production of his kidnapped daughter Selvarani before this Court.

(3.) IT is the case of the petitioner/wife of the deceased that her husband was hand-picked by the police party headed by the third respondent from Chennai and was tortured and done to death while he was in police custody and thereafter, the body was hanged to the neem tree, to mess up the things.