The Hindu : Front Page : Court flays detention of four persons

Online edition of India's National Newspaper
Friday, Sep 02, 2005

Front Page

Front Page

Court flays detention of four persons

A. Subramani

Says it will not hesitate to summon the DGP and the City Police Commissioner

CHENNAI: The arrest and remand of four persons, that too after their 12 days' illegal police custody and after a habeas corpus petition was filed in the Madras High Court, on Thursday invited the wrath of a Division Bench, which said it would not hesitate to summon the Director-General of Police and the City Commissioner of Police to seek an explanation.

The Bench comprising Justice P.D. Dinakaran and Justice S.K. Krishnan slammed the Valasaravakkam police and directed a District Judge to visit the Chennai Central Prison, ascertain if the detenues were tortured and file a report before the court by Tuesday, when the matter is to be taken up again.

Bommi (43) of Thoraippakkam had filed a writ petition seeking a CBI probe into "encounter" death of three persons, including her brothers, in November 2002. Accusing Pon. Manickavel, then Superintendent of Police, Chengalpattu East district, of "staging" the encounter, she had also demanded compensation. The court had admitted the plea and ordered notices.

In the meantime, according to the present habeas corpus petition by Ms. Bommi, the Valasaravakkam police picked up four persons, including her husband Neelakandan, on August 20 and tortured them in custody. She said the police wanted her to withdraw the writ petition.

On Thursday morning, the Division Bench admitted the petition and directed the city police to produce the four — Kuppan, Murugan, Ramu and Neelakandan — in court in the afternoon. At 2.15 p.m. the Additional Public Prosecutor informed the court that they had been arrested and remanded in judicial custody on charges of robbery and dacoity.

When the Judges sought to know the details, they were informed that Ramu and Neelakandan were arrested after they were "caught red-handed" while picking pockets at a bus stand. A sum of Rs. 100 was recovered from Ramu and Rs. 120 from Neelankandan.

Lambasting the police for coming up with the claim, the Judges asked whether the police were justified in obtaining judicial custody after the money was recovered. They also faulted with the Judicial Magistrate of Poonamallee for "mechanically" remanding them. The Bench said the prosecution was wrong if it thought the habeas corpus petition had turned infructuous after the remand.

Printer friendly page
Send this article to Friends by E-Mail

Front Page

News Update

Stories in this Section