Petitioner sought a writ of Habeas Corpus for his associate Palanivel, alleging torture and inhumane treatment. The Court examined a report by the Legal Services Authority, found allegations baseless, and dismissed the petition.
Petition for Habeas Corpus dismissed; no direction to produce or set at liberty the detenu.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2016
CORAM THE HONOURABLE MR. JUSTICE M.JAICHANDREN and THE HONOURABLE MR. JUSTICE T.MATHIVANAN H.C.P. No. 2245 of 2016
G.Haribabu .. Petitioner
Vs.
1. State of Tamil Nadu,
Represented by its Secretary,
Home Department,
Fort St.George,
Chennai-600 009.
2. The Director General of Police,
Mylapore.
Chennai-600 004.
3. The Superintendent of Prison,
Central Prison,
Salem.
4. The Deputy Superintendent of Police,
Q Branch C.I.D.
Thirupathur,
Vellore District. .. Respondents
Prayer : Petition under Article 226 of the Constitution of
India, praying for issuance of Writ of Habeas Corpus to direct
the respondents to produce the body and person of Palanivel,
S/o.Shankar, aged 32 years now confined in central prison,
Salem, before this Court and set him at liberty forthwith.
For Petitioner : Mr.R.Sankarasubbu
For Respondents : Mr. V.M.R.Rajentren
Additional Public Prosecutor
O R D E R
(Order of the Court was made by T.MATHIVANAN., J.)
Invoking the special original jurisdiction, this Court under Article 226 of the Constitution of India, this petition is filed to issue a direction in the nature of a Writ of Habeas Corpus directing the respondents to produce the body and person of one Palanivel, S/o.Shankar who has been confined in Central Prison, Salem, before this Court and set him at liberty forthwith .
i) On an application made by the 4th respondent herein who is the Investigating Officer in the above said case, the detenu was taken into Police custody on 06.10.2016 and while he was in police custody, his body was covered by four blankets, his eyes were tied and he was forcibly beaten up by the Q-Branch police persons and around 82 to 100 signatures were obtained from him.
ii) After completion of police custody, he was produced before the learned Judicial Magistrate, No-I, Mettur on 11.10.2016 and remanded to judicial custody on the same day. While he was in prison, the prison authorities had searched him forcibly and inhumanly without even a single piece of dress of his person. He was also forcibly handled and attacked by prison authorities.
iii) He has been confined in solitary confinement, which is a punishment cell and he was not even provided with proper food and basic needs. Equally he was not allowed to mingle with other under trial prisoners. The said solitary confinement had caused him grave mental agony and torture. The main allegation against the 3rd respondent who is the Superintendent of Prison, Central Prison, Salem, is that he did not follow any procedure to maintain human dignity.
iv) The detenu's life is in danger as the 3rd respondent had violated Article 21 of the Constitution of India.
proclaimed offender in the case in S.C.No.50 of 2013 which is pending against him on the file of the Assistant Sessions Court, Periyakulam, Theni District for the alleged offences under Sections 120-B I.P.C. 143, 144, 122, 124A, 216 I.P.C. r/w 34 and 149 of IPC and also under Sections 3 r/w 25(1)(b)(a) and 7 r/w 25(1)(a) of Arms Act 1959, Section 4(a) and 5 of Explosive Substances Act, 1908 and Section 17(i) and (ii) of Criminal Law Amendment Act, 1908. He has also added that on the source of information, he was arrested at Chinna Park, Mettur, Salem on 30.09.2016 by a special party of 'Q' Branch CID led by the Inspector of Police, 'Q' Branch CID, Coimbatore District.
proved to be fallacious. Keeping in view of the above fact, we have find that the petition itself is devoid of any merit and therefore, liable to be dismissed.
Accordingly, this petition is dismissed.
Assistant Registrar
//True Copy//
Sub Assistant Registrar
ssn
To
1. The Secretary,
Home Department,
Fort St.George,
Chennai-600 009.
2. The Secretary
District Legal Service Authority,
Salem District.
3. The Director General of Police,
Mylapore.
Chennai-600 004.
4. The Superintendent of Prison,
Central Prison,
Salem.
5. The Deputy Superintendent of Police,
Q Branch C.I.D.
Thirupathur,
Vellore District.
6. The Public Prosecutor,
High Court, Madras.
7. The Section Officer,
Criminal Section,
High Court, Madras.
BR(CO)
RS(19/01/2017) H.C.P. No. 2245 of 2016
2 issues framed by the court
Whether direction in the nature of a writ of Habeas Corpus should be issued to direct respondents to produce the body of the detenu Palanivel and set him at liberty forthwith.
Whether the allegations of illegal treatment of the detenu are substantiated during police custody and prison confinement.
2 provisions across 2 enactments
G.Haribabu
State of Tamil Nadu
M.JAICHANDREN
T.MATHIVANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
