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1996 Supreme(Mad) 838

KANAKARAJ
P. Amaravathy – Appellant
Versus
The Government of Tamil Nadu & Others – Respondent


Advocates:
Mr. R. Gandhi Senior Counsel for M/s. R.G. Narendhiran K.K. Senthilvelavan and K. Vijayakumar Advocate for Petitioner, Mr. R. Balasubramanian, Special Government Pleader on behalf of Respondents No. 1 to 4 and 7 to 11, and of Mr. Wilson, Advocate for Respondent No.5 Mr. V.S. Ramakrishnan, Advocate Respondent, No. 6.

Judgment :

1. By consent, the writ petition is taken up for final disposal.

.2. The petitioner is the unfortunate widow whose husband had died while in police custody. The petitioner is seeking in this writ petition a writ of mandamus to direct respondents 1 to 4 to register a case against respondents 5 to 10 and hand over the investigation to CBI and also to direct the first respondent to pay a sum of Rs.20 lakhs as and by way of compensation for the custodial death of her husband.

3. The writ petition was filed on 16. 1995. The petitioner’s husband wad detained on 4. 1995 at about 5.00 a.m. by a group of six persons claiming themselves to be police constables. The petitioner’s husband was taken to Theni to the office of the Narcotic Investigation Bureau, for conducting an enquiry. Even as the petitioner’s husband was reluctant to accompany the said persons, he was assaulted and dragged to the police van. The petitioner’s husband did not return till 10.00 a.m. on the next day. So the petitioner requested her uncle and a neighbour to ascertain the whereabout of her husband. Her uncle one Ramar and one Gopal proceeded to the Narcotic Investigation Bureau at Theni and at about 11.




















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