CHENNAI: The Madras High Court has directed the Commissioner of Police to submit a status report on a complaint levelling charges of trespass, intimidation, theft and extortion against the former Home Secretary, Nagarajan, and a few others.

The vacation judge, Justice K. Raviraja Pandian, issued the direction on a writ petition from the former Assistant Solicitor-General of India, J. Madanagopal Rao, who alleged that Mr. Nagarajan and his men had intimidated his office staff and trespassed into property in his possession. A large number of documents and other valuables were also taken away by force, the petitioner alleged.

Mr. Rao said that when his manager went to the Teynampet police station to lodge a complaint, the personnel there declined to accept the complaint. "Section 156 of the Code of Criminal Procedure casts a mandatory duty upon the police to investigate the cognisable offence. The police shall activate themselves on information, and they do not even require a written complaint. On such registration of complaint, police should investigate it under Section 157 and submit a report to the Magistrate under Section 158 of the Code...Unfortunately, in the present case, the Inspector of the Teynampet police station had acted in tandem with the accused and had made a mockery of the law as well as his position."

The delay in registering the complaint had emboldened the accused to encroach upon his legal rights more aggressively, Mr. Rao said. He added that he had lost confidence in the city police. He prayed for a direction to the authorities concerned to register the case and entrust the investigation with an independent agency such as the CB-CID.

The matter pertains to a company property at T. Nagar, in which Mr. Rao's father, J. Jalarmiah, was a tenant for over 24 years. The petitioner became the power of attorney of majority of shareholders. He alleged that though Mr. Nagarajan had no legal rights over the property, he threatened the estate manager, asking him to hand over the keys of the premises. Referring to the Teynampet police's refusal to register the case, the petitioner said, "the former Home Secretary appears to command more respect than the rule of law."

`Gross misdemeanour'

Charging the police official with "gross misdemeanour and dereliction of duty," Mr. Rao said that due to his inaction, valuable properties had been taken away. Admitting the plea, Mr. Justice Raviraja Pandian has directed the Commissioner of Police, the Assistant Commissioner of T. Nagar and the Inspector of Teynampet police station to file their reports on June 14, when the matter is posted for further hearing.

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