Tamil Nadu - Chennai   

Court orders immediate release of four kept in illegal custody

Special Correspondent

Division Bench pulls up DGP, Home Secretary for "cool, casual, lethargic" attitude Personal liberty inherent in the Constitution has to be zealously protected, says the Bench

CHENNAI: : Criticising the "cool, casual and lethargic" attitude of the Director-General of Police and the Home Secretary, the Madras High Court on Tuesday ordered immediate release of four persons kept in illegal detention for 12 days and in judicial custody for five days.

Passing interim orders on a habeas corpus petition filed by Bommi of Thoraipakkam levelling torture charge against the Valasaravakkam police, a Division Bench comprising Justice P.D. Dinakaran and Justice S.K. Krishnan, said: "Personal liberty inherent in the Constitution has to be zealously protected. If functionaries of the State themselves become law-breakers, it is bound to encourage lawlessness in a civilised society which would result in everyone becoming a law unto themselves, leading to anarchy. No civilised country can permit that to happen."

The matter relates to the unlawful detention and subsequent arrest of Neelakandan, Kuppan, Ramu and Murugan to pressure Ms. Bommi to withdraw her earlier writ petition seeking a CBI probe into "encounter death" of three persons.

The Bench observed that the DGP and the Home Secretary were cool and casual about the telegrams sent by the kin of the four persons. Condemning the DGP for his "lethargic" attitude, the judges regretted that despite being given a long rope, the mistakes had not been rectified. They said it was unfortunate that the officials had not cared to contest the serious charge of custodial torture.

Replying to a query from the Bench, Public Prosecutor K. Duraisamy said none of the four was required for further investigation of cases against them. The Valasaravakkam Inspector of Police endorsed the statement.

The judges said Chengalpattu Principal District and Sessions Judge G.M. Akbar Ali, who had been directed to visit Chennai Central Prison and ascertain facts, had mentioned in his report that materials were available to indicate that the four had been tortured. Their remand order was passed mechanically.

Mr. Ali and a prison doctor who had accompanied him were appreciated for the good job they had done.

Release ordered

The judges ordered the release of Neelakandan and Ramu on executing a personal bond. Kuppan and Murugan, who are facing charges of dacoity, were told to execute a bond for Rs. 5,000 and furnish two sureties each for an equal amount.

They were asked to sign at the Poonamallee station once a month. The matter was posted to September 20 for further orders.

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