V. RADHIKA SELVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) One Mr.N.Venkatesa Pannaiyar was killed in a police encounter on 26.09.2003 around 04.30 a.m. at Flat No.6, Mahalakshmi Apartments in Tank Bund Road, Nungambakkam, Chennai. In the same incident, one Mr.Arulmani, a Sub Inspector of Police, was also injured. On the statement of Mr.Arulmani, the then Sub Inspector of Police, a case was registered in Crime No.1693 of 2003 under Sections 332, 353, 324, 307 of I.P.C. and Sec. 25(1-B)(a) of the Arms Act, 1959 r/w Sec. 3 of Arms Act. Mr.Venkatesa Pannaiyar and two other persons who were with him by name Johnson and Kattan Ganeshan were arrayed as accused in the said case.

(2.) When the investigation of the said case was under progress, the Government of Tamil Nadu issued G.O.Ms.No.1271 Public (Law and Order-F) dated 20.10.2003, appointing a Commission of Inquiry with Honourable Mr.Justice A.Raman, a retired Judge of this Court. The terms of reference are as follows:

(3.) When things stood thus, these two writ petitions came to be filed making certain allegations against the police and questioning the legality of the investigation done and praying for transfer of the investigation to CBI to probe into the police encounter, in which, Mr.Venkatesa Pannaiyar was killed.