LAWS(MAD)-1989-10-2

SEETHALAKSHMI Vs. STATE OF TAMIL NADU

Decided On October 17, 1989
SEETHALAKSHMI Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) This case discloses a lamentable state of affairs. A tale of woe has unfolded itself revealing how the principal characters who are high ranking police officials in charge of the District of Coimbatore in the matter of enforcement of law discharge their sacred duty in a cavalier fashion with a deep sense of irresponsibility and an obdurate disinclination to see the obvious ever ready to take shelter under the slogan 'it is a Civil dispute'. The denouement is reached within the precincts of this Court on the pulpit of Art. 226 of the Constitution of India when the officers filed their counter affidavits which do not suffer from any vide other than 'suggestion falsi suppressio veri'.

(2.) Here are the facts which bear out the remarks made above. The writ petitioner sent a written complaint to the Deputy Inspector General of Police, Coimbatore, the third respondent herein, on 27-3-1989. The gist of the complaint is as follows : - "Grave injustice has been done to the petitioner and her family by Coimbatore Police Officers Thiru Muthuswamy, D.S.P., Thiru Nazimuddin and Thiru Madhavan B-3 Police Station Inspectors. On the basis of a false complaint made by Balasubramanian of Baba Theatre, the petitioner's husband " was arrested on 19-2-1989 in spite of anticipatory bail having been obtained by him in the High Court and was kept in the Police Station for a day and a half and ill-treated and thereafter confined in the Central Jail, Coimbatore. On 21-2-1989 when the petitioner was in her sister-in-law's place in Chittalancherry, Palghat Taluk, the petitioner and her sister-in-law were arrested by Coimbatore Inspector Thiru Madhavan and other Police people who came along with Baba Complex Balasubramanian, Coimbatore D.M.K. leader Thiru Prabhakaran and they were taken to a dingy house in the outskirts of Coimbatore in garden, where they were illtreated and their signatures obtained on blank papers. Thereafter, on 24-2-1989 at 3 a.m. they were taken to B-3 Police Station, Coimbatore and the office of the D.S.P., Coimbatore and illtreated 23-2-1989 evening the petitioner's husband was brought to B-3 Police Station and all of them were taken to the office of the D.S.P. and under threat they were "compelled to sign an agreement for sale in favour of Rangasamy, an employee of Baba Theatre and Murugesa Gounder, a creditor of the petitioner's husband, for a sum of Rs.9,00,000/- as if they had received a sum of Rs.7,50,000/- in cash. The petitioner had filed C.S. No. 175 of 1989 in this Court that the agreement was not valid. As there was danger to the property and life of the petitioner, she could not go to Coimbatore and she was staying in Madras. She filed an application in the High Court to appoint an advocate Commissioner to take an inventory of the articles in her house at Coimbatore, lock the house and deposit the key in the Court. On 3-3-1989 Thiru Haja Naziruddin was appointed as Commissioner by the Madras High Court to take an inventory of the articles in the house and to find out who was in possession of the same. On 4-3-1989, the Commissioner inspected the house in the morning and took an inventory of all the articles and also noted that the petitioner's son and other relatives were in the house. He filed a report in the High Court to that "effect. On4-3-1989 in the night, a Police party along with an army of goondas went to the petitioner's house and found the relatives and servants of the petitioner and removed them along with all the articles in the house without any exception in a van and 4 or 5 lorries. Thereafter, Balasubramanian and goondas occupied the house. The petitioner has got documentary evidence to prove the same and desired to meet the addressee in person and place the evidence before him. There is danger to the life of the petitioner, her husband and her son and there is a threat that the entire family will be wiped off. As big police officials are threatening the petitioner and her family, they have taken refuge under the addressee. The petitioner does not believe anybody else and prays for protection for herself and her family. The petitioner or her husband is not in a position to go to Coimbatore and file any proceeding in Court as there is no protection for them in Coimbatore. The petitioner prays for return of all "the articles taken away by Balasubramanian, the police party and the army of goondas from their house on 4-3-1989".

(3.) That was followed by a personal meeting of the petitioner's counsel with the third respondent and a copy of the same complaint was also handed over to him. There being no information or indication of the action taken on the complaint, the petitioner's counsel sent a letter on 7-6-1989 to the third respondent that he had no information of the action taken by the latter and requested him to cause the furnishing of the file number of the case etc. There was also a hint in the letter that the writ Court will be moved, if needed. That letter reached the third respondent admittedly on 9-6-1989. But, the petitioner continued to be kept in dark without any information of the action taken on her complaint. Hence, the petitioner was obliged to move this Court under Art.226 of the Constitution of India with a prayer for issue of a Mandamus to the second respondent to initiate at once appropriate enquiry and investigation into the complaint of the petitioner against respondents 4 to 9 as contained in the written complaint dated 27-3-1989 submitted to the third respondent annexed as Annexure A to the writ petition. The first respondent in the writ petition is the State of Tamil Nadu represented by the Chief Secretary to the Government. The second respondent is Director General of Police, Tamil Nadu. The third respondent is the D.I.G. of Police, Coimbatore. Respondents 4 to 6 are the parties at whose instance, according to the petitioner, the police committed the atrocities mentioned in her complaint. Respondents 7 to 9 are the Deputy Superintendent of Police, Coimbatore and Sub-Inspector of Police, B-3 Police Station, Coimbatore, respectively.