CHENNAI : The Madras High Court has ordered action against a Government doctor, an Inspector, a Sub-Inspector of Police, a head constable and a constable for foisting a false case against a person and detaining him under the Goondas Act.

Common practice

Justice S. Ashok Kumar, setting aside the conviction and seven-year rigorous imprisonment awarded to Raja, observed that the practice of foisting a case for attempt to murder, criminal intimidation and other Sections of the Indian Penal Code against persons, whom the police want to detain under the Goondas Act, was "very common" in the State.

"Unfortunately, the doctors also collude with the police by giving false wound certificates. It takes several months for the release of the detenu, who has to file a habeas corpus petition. That is why, to prevent the accused from being enlarged on bail, police foist cases of this nature and invoke the Goondas Act."

The matter related to the arrest of Mr. Raja in 1998, allegedly for attacking a police party with a knife. According to the prosecution, a head constable sustained a 7 cm wound in the attack. When the appeal came up for hearing, counsel for the accused said it was a false case and wanted the court to summon the "injured" head constable and examine if he had any scar. The court summoned head constable Anandaperumal. He had no scar.

Mr. Anandaperumal admitted that he did not sustain any injury in 1998 and that the case was foisted on Raja in order to detain him under the Goondas Act.

Convinced about the "ulterior motive" behind the case, Mr. Justice Ashok Kumar directed the Director of Medical Services to take action against Dr. Alagappan, who was working in Stanley Hospital here in September 1998, "for having issued the false accident register."

The Director-General of Police was directed to take action against the police personnel, who were working at Tondiarpet police station when the incident occurred, and report compliance to the court.

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