VIJAYA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Habeas Corpus petition has been filed by the wife of the detenu for the following relief:

(2.) THE case of the petitioner is that her husband E. Iyyappan, son of Elumalai was illegally tortured and detained under the fifth respondent. She states that her husband is a District Treasurer of the Human Rights Protection Centre (HRPC) and he has been continuously working for the people's right cause including against the atrocities committed by the police officials.

(3.) THE petitioner contended that the fourth respondent had taken her husband to Ercuard Hill Station and where he was attacked indiscriminately and photographs were taken as if the detenu was distilling illicit liquor. The detenu was charged under Sections 4 (1) (b), 4 (1) (g), 4 (1) (aaa) and 4 (1-A) of the Tamil Nadu Prohibition Act and a case was registered in Crime No. 318 of 2009. The petitioner was produced before the learned Judicial Magistrate III, Salem, who remanded him to judicial custody on 9. 8. 2009. It is further case of the petitioner that the detenu made a complaint against the police officials namely 1) Mr. Raja Ramaveerapandian, Inspector of Police, Attayampatti, 2) Ravikumar, Inspector of Police, Veeranam Police Station and 3) Vinayagam, Sub-Inspector of Police, Veeranam Police Station at the time of remand, and the Magistrate refused to register and take action on the complaint given by the detenu though the detenu was severely attacked and sustained fractured in his left forearm.