E GOKULAKRISHNAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THIS case relate to the never ending issue of Police excesses against the citizens. To understand the case, the averments in the case are to be narrated in a nut shell. THIS petition has been filed by a practising Advocate of Chennai alleging that his sister and three other Advocates and a Driver were illegally detained by the respondents and prayed to set them at liberty further awarding a compensation of Rs.5,00,000/= and to take action against the erring officials.

(2.) THE case of the petitioner is that his sister Dr.Jayanthi is residing at B-2 Government Employees Quarters, Three Storied Buildings, Ganapathy, Coimbatore and that earlier she lodged a complaint dated 9.7.2008 before the Commissioner of Police, Coimbatore against the Secretary of the Association and his henchmen, who committed dacoity of 9 sovereigns of jewels in the presence of the Sub Inspector of Police, Kannian, B-9 Police Station. According to the petitioner, the said persons continuously tortured his sister Dr.Jayanthi along with women folk Viji, Kala, Papathi and Jayanthi, who is the wife of the above said Secretary of the Association and therefore, his sister requested him to come over to Coimbatore to sort out the issue and therefore, he went to Coimbatore on 9.7.2008 at 11.30 p.m. along with three other Advocates Manivannan, Chinnalagu, Shankar in a Tata Safari vehicle bearing registration No.TN-07 AS-9696, driven by one Ajmal. It is further averred by the petitioner that on 11.7.2008 at about 11.00 a.m., himself along with his sister and brother Advocates reached the office of the Commissioner of Police, Coimbatore and met the Commissioner at about 5.00 p.m. on 11.7.2008 that the Commissioner required them to meet the Assistant Commissioner Gopalasamy, who directed them to reach the spot immediately.

(3.) EVEN though subsequently, after the filing of this H.C.P., the detenues became free birds, either on their own or after being let out by the respondents, thus making the first part of the prayer infructuous, this matter cannot be closed or disposed on that ground, since it is alleged that the respondents have violated the fundamental rights enshrined and guaranteed under the Constitution by resorting to police excesses.