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1998 DIGILAW 1392 (MAD)

K. Nagaimugan, General Secretary, Thani Thamizhar Kazhagam, Chennai v. The State of Tamil Nadu

1998-10-21

C.SHIVAPPA, K.NATARAJAN

body1998
Judgment C. SHIVAPPA, J.: 1. In these two writ petitions the prayer is to entrust the investigation of crimes committed at Chidambaram starting from 9.7.1998 till 28.7.1998 (both days inclusive) which includes the murder of one Palanivelu, murder of Kandasamy, a person belonging to Adidravida Community attack on Mr.Sankaraiah, the State C.P.I.(M) General Secretary; and attack the looting of properties belonging to K.Venkatraman, an Advocate Chidambaram, to the Central Bureau of Investigation (CBI) at Delhi/Chennai so as to prosecute the real culprits in accordance with law. In W.P.No. 11704 of 1998, there is also a prayer for a direction towards a compensation on of Rs. 15 lakhs for the loss suffered by the said advocates. 2. The genesis of the case was referred to an All Party Meeting conducted on 28.7.1998 to condemn the murder of Palanivelu and to demand the arrest of ‘Vandayar brothers’ in connection with the said murder and that meeting was organised by Vanniyars. Since the speeches made by Vanniya leaders appealed to the baser emotions of the people of that caste, they resorted to violence against Mukkulathor Community and in that process, a group of people waylaid and attacked Mr.Sankaraiah, near railway gate between Annamalai Nagar and Chidambaram. While he was coming from the guest house of Annamalai University to attend and speak in the All Party Meeting. The house of Mr.Venkatraman an Advocate appearing for Vandayar brothers, which was very near the Meeting place was attacked at 6.30 p.m. and all the valuables were completely looted destroyed and also set fire on them including his books. As a result of the speeches made at the all party meeting, the Vanniya mob started attacking the shops, business places and houses of Mukkulathor Community and other minority communities in Chidambaram, relentlessly. 3. In W.P.No.11704 of 1998, it is stated that there was a case of custodial death and a rape of one Padmini by policeman, which led to an agitation and appointment of a commission of Enquiry and also an investigation by CB. CID and resulted in filing of a charge sheet in the Sessions Court at Cuddalore. In the said case, one of the petitioners, Mr. K.Venkatraman, who is an advocate was appointed as a Special Public Prosecutor and the case ended in connection of seven policemen including one Inspector. It is his case that thereafter he became the target of their unpleasantness and non-operation. In the said case, one of the petitioners, Mr. K.Venkatraman, who is an advocate was appointed as a Special Public Prosecutor and the case ended in connection of seven policemen including one Inspector. It is his case that thereafter he became the target of their unpleasantness and non-operation. It is averred that even in case of murder of one Rajakannu in police lock-up, he was appointed as the Special Public Prosecutor to conduct that sessions case against the policemen which is pending trial. He entertains a reasonable apprehension that because of the hostility, in spite of the telephone call though there were plenty of police personnel in and around the venue where the meeting was held, none attempted to prevent the commission of offence and prevent the destruction of the properties at that crucial hour. He has also filed a complaint which has been registered in Crime No.328 of 1998 under Secs. 147, 148, 448, 436, 427, 380 and 307 of the Indian Penal Code, read with Sec.4 of the Tamil Nadu P.P.D. Act. 4. The substance of the allegation in both these petitions is that there is every possibility of screening the real culprits and investigation also may not be on proper lines. 5. A counter has been filed in W.P.No. 13470 of 1998 challenging the maintainability of the writ petition, inter alia contending that no public interest whatsoever is involve in the cases, as alleged by the petitioners and further denying several criticisms raised against the local police and explaining the steps taken after registration of the crime. It is also stated in the counter that expect the case relating to the murder of Palanivelu, no other case has been entrusted to the crime branch CB.C.I.D. It is specifically contended that the present writ petition, viz., W.P.No. 13470 of 1998 has been filed with a view to divert the attention of the police and putting the spokes at the fair and thorough investigation which is being pursued regard to the gruesome murder. It was further asserted that there are no basis to seek transfer of investigation of any other agency. 6. Normally, investigation should not be taken from the hands of local police, but where there are imputations made against them, it is a matter to be examined from the point of instilling confidence in the public about the investigating agency. It was further asserted that there are no basis to seek transfer of investigation of any other agency. 6. Normally, investigation should not be taken from the hands of local police, but where there are imputations made against them, it is a matter to be examined from the point of instilling confidence in the public about the investigating agency. In the instant case, there are allegations that the local police may screen the offenders due to hostility between the advocate and the police. In order to satisfy our judicial conscience, we directed the learned Public Prosecutor to make available the investigation papers in the other three cases, than the one already referred to CB.CID. We have perused those investigation papers and we are of the opinion that there is annulment suggesting lack of forthrightness in probing the incidents. 7. Change of investigation though not always desirable, but where the investigation is not on proper lines and desultory and lackadaisical, in order to instill confidence in the public mind as has been held in Kashmeri Devi v. Delhi Administration Kashmeri Devi v. Delhi Administration, A.I.R. 1998 S.C. 1323change becomes inevitable. 8. While arguing, the learned counsel appearing in both the writ petitions, expressed their willingness for an investigation by the CB.CID. Because the case of murder of Palanivelu has already been entrusted to CB.CID and it being a separate entity solely confined to investigation of special cases or cases involving importance, we are of the opinion that CB.CID is a more suitable agency having acquainted with the track record of persons involved in the crime in the locality and understanding of the local situation. 9. Therefore, we direct that the cases pertaining to the incidents commencing from 9.7.1998 to 28.7.1998, viz., (1) murder of Kandasamy, a person belonging to Adidravida Community, (2) attack on Sankaraiah, General Secretary of State C.P.I. (M) and (3) attack on the Advocate Mr.K.Venkatraman and destruction of his properties, which are the subject matter of these two writ petitions, other than the one, viz. murder of Palanivelu, which has already been entrusted to CB.CID, is ordered to be transferred to CB.CID and the Inspector General of Police, CB.CID, to monitor the said investigation and to see that the investigation is done on proper lines and in accordance with law de novo without being guided by the investigation done by the local police. murder of Palanivelu, which has already been entrusted to CB.CID, is ordered to be transferred to CB.CID and the Inspector General of Police, CB.CID, to monitor the said investigation and to see that the investigation is done on proper lines and in accordance with law de novo without being guided by the investigation done by the local police. Thus, CB.CID to probe all the matters including the one already being probed, expeditiously. 10. In the result, W.P.No. 13470 of 1998 is allowed by without costs. The other writ petition, viz.,W.P.No. 11704 of 1998 is partly allowed insofar as it relates to the transfer of investigation and pertaining to the claim for compensation, the writ petition may be posted for hearing after the completion of investigation, in order to enable this Court to have the complete picture of the case. Parties to bear their own costs. Consequently, the connected miscellaneous petitions are closed. The local police who are in charge of the investigation papers to hand over the same forthwith to the Inspector General of Police, CB.CID.