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2010 Supreme(Mad) 1936

M.JEYAPAUL
N. Sengodan – Appellant
Versus
The Secretary to Government, Home (Prohibition and Excise) Department, Chennai & Others – Respondent


Advocates Appeared:
For the Petitioner:S. Shanmugavelayutham, Senior Counsel for Vijayaraghavan, Advocate.
For the Respondents:R1, D. Srinivasan, AGP, R2 to R4, K. Doraisami, Senior Counsel for Mrs. Muthumani Doraisami, Advocates.

Judgment :

1. Thepetitioner served in the Indian Army for a period of seven years and thereafter, joined in the Tamil Nadu Subordinate Police Services and retired as Inspector of Police, Athur Police Station, Salem District on 310. 1997. After his retirement, he had the opportunity of realizing the difficulties encountered by each and every member of the police force in Tamil Nadu and had voiced the merits of forming an association through which the demands of the members of the police force could be legally made to set right the wrongs committed to them. In the Tamil Daily Malai Murasu dated 12. 1997, there was a news item allegedly authored by N.Sengodan, the petitioner herein in his capacity as State Convenor, Tamil Nadu Police Officials Association. Based on the said news item, a complaint dated 1. 1998 was lodged by the fourth respondent with the third respondent Inspector of Police, Fairlands Police Station, Salem City. The third respondent registered a case in Crime No.11/98 for offence under section 3 of the Police (Incitement to Disaffection) Act, 1922 and for offence under section 505(1)(b) of the Indian Penal Code. The petitioner was arrested by the third respondent and









































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