SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1995 Supreme(Mad) 347

High Court of Judicature at Madras
THE HONOURABLE CHIEF JUSTICE MR. K.A. SWAMI AND THE HONOURABLE MR. JUSTICE RAJU
State of Tamil Nadu and Others - Appellant
Versus
A. Nallasivan - Respondents
Writ Appeal No. 249 of 1995 and C.M.P. No. 4596 of 1995
Decided On : 23 March 1995

Appearing Advocates:R. Krishnamoorthy, R. M. Kannappa Rajendran, Miss. R. Vaigai, K. Elango, G. Chankiraj, P. Mohan, Advocates.

In the facts and circumstances of the case, it was just and necessary to entrust the investigation to an agency unconnected with the State and the State Police.

Headnote:

WRIT PETITION - INVESTIGATION BY CBI - SECTION 156(3) OF THE CODE OF CRIMINAL PROCEDURE, 1973 - SECTION 173(8) OF THE CODE OF CRIMINAL PROCEDURE, 1973 - SECTION 154 OF THE CODE OF CRIMINAL PROCEDURE, 1973 - COURT DIRECTED CBI TO INVESTIGATE ALLEGATIONS OF GANG-RAPING AND OTHER OFFENCES BY FOREST AND POLICE PERSONNEL - STATE GOVERNMENT DENIED THE ALLEGATIONS - COURT HELD THAT IT WOULD BE JUST AND NECESSARY TO ENTRUST THE MATTER TO AN AGENCY UNCONNECTED WITH THE STATE AND THE STATE POLICE.

Fact of the Case:

A writ petition was filed alleging gang-raping and other offences by forest and police personnel in a village. The State Government denied the allegations. The court directed the CBI to investigate the matter.

Finding of the Court:

The court held that it would be just and necessary to entrust the matter to an agency unconnected with the State and the State Police.

Issues: Whether the CBI should be directed to investigate the allegations of gang-raping and other offences by forest and police personnel.

Ratio Decidendi: The court held that the stand taken by the State Government made it difficult for even the CB-CID to independently investigate the matter. Therefore, the court directed the CBI to investigate the matter.

Final Decision: The writ appeal was dismissed and the connected C.M.Ps. were also rejected.

Judgment :-

K. A. SWAMI, J.

Pending disposal of the writ petition, having regard to the averments made in the writ petition and also in the counter-affidavit, the learned single Judge has thought it just and appropriate to direct the Central Bereau of Investigation (CBI) to investigate into the matter and submit a report in the following terms :-

"In the light of all the features, I direct the Central Bureau of Investigation to hold investigation on (1) the complaint given by the absovesaid 18 women of Vachathi village to the Sub-Inspector of Police, Harur, referred to in the abovesaid letter dated 12-3-1993 of the Deputy Superintendent of Police, Harur to the District Forest Officer, Harur and (2) the abovesaid detention in the forest range office, Harur on 20-6-1992 of the abovesaid 90 women and 28 children of Vachathi Village. In such investigation, the Central Bureau of Investigation has to find out all those involved in the relevant crimes and place them before the Judicial Authority for trial. The Central Beraue of Investigation is also directed to submit a report to this Court as to what it has done in the matter, within two months from the date of receipt of copy of this order. Post this writ petition on the reopening date after summer vacation"

2. It is pointed out by learned Advocate General that there is a special department known as "CB-CID" of the State, specialised in investigation, and at the same time it is an independent and impartial agency and its integrity and honesty has never been doubted, therefore instead of directing the CBI the CB-CID of the State may be directed to investigate. It is further submitted that normally it is the State Police which is directed to investigate and submit a report and in the instant case, there is no such special circumstance which can persuade the court to depart from the normal rule of directing the State Police to investigate. The contention that CB-CID should be entrusted with the investigation has not been put forth before the learned single Judge. However, it does not come in our way to consider this submission. As submitted by the learned Advocate General, we would not have had any difficulty in acceding to his submission had there not been a stand taken by the State Government itself to the effect that no such events have taken place in the said village. In the affidavit filed in support of the writ petition, the petitioner has specially averred several criminal acts. With reference to those averments, a counter-affidavit has been filed by the Deputy Secretary to the State Government, Home Department, on behalf of all the respondents, in which the allegations made in the affidavit filed in support of the writ petition have been denied. The relevant averments relating to the alleged gang-raping and other offences are contained in paragraphs 13 and 14 of the counter-affidavit, which read as follows:

"It is further submitted that these respondents deny allegation made by the petitioner in paras 6 and 7 of the affidavit. It is false to state that terror was let loose on 20-6-1992 and the villagers were attacked by the Forest and Police personnel. It is also denied that a villager by name Perumal was attacked by the Forest personnel. These respondents also deny the allegation made by the petitioner in para 9 of the affidavit that the houses were ransacked and women were sexually assaulted.

It is further denied by these respondents with regard to allegation made by the petitioner in para 10 of the affidavit that all the women were illegally detained in the forest office, and some of them were stripped molested and raped. These allegations are imaginary, false and baseless and are made to get publicity by a groups of political persons to confuse the people. The allegations in paras 11 and 12 of the affidavit are also false and made without any substance. In view of the allegations made in paras 11, 12 and 13 of the affidavit, as per the orders of this Hon'ble Court, the Collecto





Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top