The Hindu : Tamil Nadu / Madurai News : Madurai Bench reserves orders in Jayalakshmi case

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Thursday, Sep 02, 2004

Tamil Nadu

Tamil Nadu - Madurai

Madurai Bench reserves orders in Jayalakshmi case

By Our Staff Reporter

MADURAI, SEPT. 1. The Madurai Bench of the Madras High Court today reserved its orders on a habeas corpus petition pertaining to A. Jayalakshmi. However, the Bench, comprising Justice N.V. Balasubramanian and Justice T.V. Masilamani, directed Jayalakshmi's counsel to file a list tomorrow, differentiating between the officers who harassed her in their official capacity and those who acted on personal capacity. The counsel appearing for her father, K. Alagirisamy, was also granted time to file an affidavit tomorrow.

The court took up the petition following a telegram sent by Jayalakshmi's father to the Chief Justice. He alleged murder of his daughter by policemen. Subsequently, she was produced before the Bench by the Deputy Superintendent of Police, Sivakasi, on court directions. The DSP filed an affidavit stating that she was secured from a lodge at Vellore and that several petitions on charges of cheating were pending against her in Madurai and Karur districts.

In her affidavit, Jayalakshmi listed the names of several police officers in the ranks of Superintendent of Police to constable who allegedly harassed her. She also alleged sexual exploitation, cheating, wrongful confinement and bigamy against these officers.

When the habeas corpus petition was pending, three policemen were suspended from service and subsequently two of them were arrested along with a relative of a police officer.

When the case came up today, M. Ajmal Khan, appearing for Kanan and Murugavel (mentioned as respondents in the petition), contended that the petitioner staged a drama in coalition with his daughter to escape from the cases registered against her and that the court could not be converted into an investigating agency to probe all these matters. ``The scope of the petition cannot be widened by the petitioner by improving his case day-by-day. This had to be dealt within the limited scope available with the HCP,'' he said.

The Additional Public Prosecutor, V. M. R. Rajendran, argued that for the past seven years, there was not a single complaint lodged by her against the police officers.

``It is for the first time in the affidavit that so many allegations are made. If she is willing to file a complaint even now the State agency is ready to conduct an inquiry and submit a report.'' He also requested the Bench to close the matter, as the habeas corpus petition did not survive any more.

Appearing for Jayalakshmi, K.P.S. Palanivel Rajan said when his client's allegations were all directed against the policemen how could one expect her to lodge a complaint with the officers who belonged to the same department. ``Unless there is an order to the CBI to take up this case we will not get an impartial investigation. And if there is no impartial investigation it would be violative of Article 14 (Right to Equality) of the Constitution,'' he said.

Following this, the Bench told the counsel that though so many allegations were made against several police officers in the affidavit it had not been stated whether the officers indulged in their official capacity or on personal capacity. Hence they directed the counsels to differentiate between the two and submit the list tomorrow.

The anticipatory bail petitions filed by Jayalakshmi in a cheating case to the tune of Rs.3, 19,720 and another anticipatory bail plea filed by a suspended an inspector, Ilangovan, were adjourned for tomorrow.

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