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2009 Supreme(Mad) 4760

SUDHANSU JYOTI MUKHOPADHAYA, N.KIRUBAKARAN
Vijaya – Appellant
Versus
The State of Tamil Nadu, rep. by its Secretary to Government, Home Department, Secretariat, Chennai & Others – Respondent


Advocates appeared:
For the Petitioner:P. Vijendran, Advocate.
For the Respondent: V.R. Balsubramaniam, Additional Public Prosecutor.

Judgment

N. Kirubakaran, J.

This Habeas Corpus petition has been filed by the wife of the detenu for the following relief:

"Directing the respondents No.1 and 2 to take necessary departmental action against the erring police personnel attached to the 4th respondent and also directing the respondents to pay necessary and adequate compensation to the detenu E.Iyyanar, S/o.Elumalai aged about 39 years for the maltreatment of the 4th respondent during the custody period."

2. The case of the petitioner is that her husband E.Iyyappan, son of Elumalai was illegally tortured and detained under the fifth respondent. She states that her husband is a District Treasurer of the Human Rights Protection Centre (HRPC) and he has been continuously working for the peoples right cause including against the atrocities committed by the police officials.

3. The petitioner contended that the fourth respondent had taken her husband to Ercuard Hill Station and where he was attacked indiscriminately and photographs were taken as if the detenu was distilling illicit liquor. The detenu was charged under Sections 4(1)(b), 4(1)(g), 4(1)(aaa) and 4(1-A) of the Tamil Nadu Prohibition Act and a case was register

















































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