K.ELANGO Vs. SECRETARY STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners who are the practicing Advocates of this Court and who are the General Secretary, All India Lawyers Union, Tamil Nadu State Committee; the Chairman, Bar Council of Tamil Nadu and Pondicherry; President, Madras High Court Advocates' Association; Secretary, Madras Bar Association; President, Women Lawyers' Association and President, Law Association, have come forward with this petition seeking for the relief of directing the respondents to produce the body of M.Vetrivel, Advocate before this Court and set him at liberty; to send him for treatment to a hospital in Chennai; to compensate him adequately for the injuries suffered by him and to initiate proceedings against the erring police officials. The petitioners state that they have filed this petition specifically for the cause of Mr.M.Vetrivel, a practicing Advocate at Mettur, Salem District who has suffered serious injuries while he was under the custody of the police officials.

(2.) The petitioners in the affidavit filed in support of the petition, has made the following allegations:-

(3.) The 3rd respondent has filed a counter affidavit dated Nil.07.2007 on behalf of the respondents 1 to 3; 5th respondent filed a counter affidavit dated 14.11.2008 and the 6th respondent also filed a counter affidavit dated 04.07.2007, denying the allegations made against him and against the other police officials. It is stated in the counter affidavit filed by the 5th respondent that the "Road Roko" incident was due to the instigation of Mr.M.Vetrivel, Advocate, who is a DYFI activist along with one Sureshkumar, Advocate and other advocates. It is further stated that in order to restore peace and tranquility, the Deputy Superintendent of Police, Mettur was forced to move that place with a minimum available force and that alone necessitated to take the Tahsildar also along with the police. Agitating mob did not listen to the request of the police and other officials. The Road Roko was going on for nearly about 5 hours under the leadership of Mr.M.Vetrivel and Sureshkumar, Advocates. As the crowd not accepted the request and not dispersed from the agitated place, they pelted stones indiscriminately on the police personnel and causing damage to the police vehicles. In order to protect and provide security to the life of general public and the Government officials and to prevent further damage to the public vehicles, minimum force was used after issuing due warning to the crowd to disperse. A complaint was also registered on the basis of the report by one Azhagesan VAO on the file of Karumalaikudal Police Station in Cr.No.181/2007 for the offences u/s.341, 147, 148, 188, 332 IPC read with sections 3 and 4 of TNPPDL Act on 12.06.2007 at 03 00 hours. Accordingly, Mr.M.Vetrivel along with two others, were arrested on 1.206.2007 at 07 00 hours and they were found to be having injuries on their bodies and they were produced before the Medical Officer, Government Hospital, Mettur for giving treatment to the injuries sustained by them during the dispersal of the unlawful assembly. When Mr.M.Vetrivel and others were produced before the learned Judicial Magistrate No.2, Mettur, no complaints were given by Mr.M.Vetrivel or by the other advocates.