K SUGITHAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) 1. This petition for Habeas Corpus has been filed by one K. Sugirthakumar, to issue a writ of Habeas Corpus or any other appropriate Writ, order or direction; (a) directing the respondents to produce the body and person of the petitioner herein by name Sugirthakumar, son of Krishna Pillai, now confined in central Prison, Madras, before this Hon'ble Court and set him at liberty forth-with; (b) directing the respondents to pay a just and reasonable amount as compensation to the petitioner herein; (c) directi ng the Central Bureau of investigation, the fourth respondent herein, to investigate the incident on 27. 2. 1995 in Central Prison, Madras, when the petitioner and others were attacked and proceed against the offenders as per law; (d) directing the respondents to provide proper medical treatment to the petitioner herein in any of the private Hospitals in Madras having the required facility at the cost of the State; and (e) Pass such further or other order or orders as this Court may deem fit and necessary in the circumstances of the case and this render justice.

(2.) IN support of the said petition, the petitioner' k. Sugirthakumar, has filed an affidavit, wherein he has stated that he is a Sri lanka Tamil. Following the ethnic conflict in Sri Lanka in 1983, he entered INdia in 1986 and got married in 1989 in Madras. On 6. 2. 1991, he was arrested along with some others on charges under the national Security Act, 1980 at his residenter in Adyar, Madras. Since then, he continued to be detained in the Central Prison, Madras and the matter is pending for disposal before the XI Metropolitan Magistrate, saidapet. So far, the prosecution has not filed the chargesheet in the said case.

(3.) AFTER hearing the learned Advocate for the petitioner, we passed the following Order : 'at this stage, we are not satisfied that this habeas Corpus Petition deserves admission on prayers (a), (b) and (c ). We may state at once that these prayers are still pending decision in W. P. No. 3221 of 1995 on the file of this Court. As far as prayer (d) is concerned, We are anxious to satisfy ourselves that the petitioner'Sugirthakumar, S/o. Krishna Pillai, is given proper medical attention at Government General hospital, Madras. The concerned Prison authorities shall produce K. Sugirthakumar before Chief Orthopedic Surgeon, Government General Hospital, Madras, on or before 19th October, 1995. The orthopaedic surgeon shall assess the nature of injuries sustained by the petitioner in the right hand middle finger, the treatment afforded and the present condition of that finger. The said Expert will also furnish information to this court as to whether further treatment would be required and if such treatment can be provided in the Government General Hospital, Madras, or the said Hospital does not have such facility. In the event of the Government general Hospital not having such facility, the Expert shall indicate the hospital in Madras which has such facility. The report of the Chief Orthopaedic surgeon shall be placed before us on 25. 10. 1995; Detailed order in this Habeas corpus Petition will be passed on that day.'