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2008 Supreme(Mad) 930
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. JEYAPAUL
Bharatiya Janatha Party, Tamil Nadu T.Nagar, Chennai
Versus
The Greater Chennai Commissioner of Police, Chennai & Another
Crl.O.P.No.32166 of 2007
Decied on : 14-03-2008
For the Petitioner:K.S. Dinakaran, T.V. Krishnamachari, Advocates.
For the Respondents:A. Saravanan, Govt. Advocate (Crl. Side).
The main legal point established in the judgment is the need for an unbiased and impartial investigation, leading to the directive to transfer the investigation to an independent Assistant Commissioner of Police.
Headnote:
Transfer of Investigation - Criminal Procedure - Code of Criminal Procedure - Section 482 - Indian Penal Code - Sections 143, 336, 337, 427 - The court directed the Commissioner of Police to entrust the investigation to an Assistant Commissioner of Police for unbiased and impartial investigation.
Fact of the Case:
The petitioner, representing Bharatiya Janatha Party (BJP), Tamil Nadu, filed a petition seeking transfer of a case involving an attack on the BJP office to an independent investigating agency due to lack of faith in the current investigating officers.
Finding of the Court:
The court found that the investigating officer, who was present at the scene of the occurrence, should not have been entrusted with the investigation due to the possibility of biased approach. It also noted that the nature of charges did not warrant entrusting the case to other sensitive agencies.
Issues: The issues revolved around the impartiality of the current investigating agency and the need for an unbiased investigation into the attack on the BJP office.
Ratio Decidendi: The court decided that the investigation should be transferred to an Assistant Commissioner of Police who did not form part of the team present at the scene of the occurrence for unbiased and impartial investigation.
Final Decision: The court directed the Commissioner of Police to entrust the investigation of the case to an Assistant Commissioner of Police for unbiased and impartial investigation, with a deadline of two months for filing the final report.
(Criminal Original Petition filed under section 482 Cr.P.C. seeking to transfer the case registered in Crime No.1078 of 2007 from the file of the second respondent to any competent and independent investigating agency and to proceed further in accordance with law.)
The petition is filed seeking transfer of the case in Crl.O.P.No.1078 of 2007 on the file of the second respondent to any other independent investigating agency for the purpose of investigation of this case in accordance with law.
2. The petitioner representing Bharatiya Janatha Party (BJP), Tamil Nadu files this petition invoking the provision under section 482 of the Code of Criminal Procedure for the aforesaid relief.
3. One Mr.C.S.C.Vadivelu, State Office Secretary, BJP, Tamil Nadu lodged a complaint to the first respondent Mambalam Police Station, T.Nagar, Chennai alleging that DMK party men numbering about 500 including some party functionaries, armed with lethal weapons, launched attack on the party cadres inside the BJP State Head Office and caused injuries at the behest of some DMK party functionaries in the aftermath of the statement given by the Electricity Minister Shri.Arcot Veerasamy.
4. Based on the aforesaid complaint, the second respondent registered a case in Crime No.1078 of 2007 for offences punishable under sections 143, 336, 337 and 427 of the Indian Penal Code.
5. The petitioner would allege in the petition seeking transfer of investigation that Shri.Durairaj, Joint Commissioner of Police (South) and Mrs.Laxmi, Deputy Commissioner of Police, T.Nagar, who were present in front of the BJP office on the date of occurrence permitted about 100 DMK cadres to go over to the BJP Office. They, having used abusive language, pelted stones, bricks and damaged glass panes and two wheelers parked in the office premises by using iron rods. The said Joint Commissioner of Police, who was present at the spot, proclaimed that he would not describe the incident as an attack. The vandalism was led by the State Minister Parithi Ilamvazhuthi, Chennai Mayor Mr.Subramaniam, South Chennai DMK Secretary Shri.J.Anbalagan and other prominent DMK Divisional Office bearers and Councilors. Even the Chief Minister feigns ignorance of the attack launched by them on the BJP Office. Not even a single person referred to in the complaint was arrested and produced before the court. The first information report did not also include a single name mentioned in the complaint as accused. The offences referred to in the first information report were found to be bailable in nature. None of the statements of the injured witnesses or the complainant was recorded by the investigating officer. No spot inspection was done by the investigating officer. He also failed to assess the damage to the BJP office on account of vandalism. The conduct of the Police Officers at all levels has shaken the faith and confidence the petitioner had on the Tamil Nadu Police. All the visual and electronic medias had extensively covered the vandalism committed by the DMK party men led by Mr.Parithi Ilamvazhuthi, the Tamil Nadu Minister and Mr.Subramaniam, Mayor of Chennai Corporation. The organised violence took place on account of the provocative statement made by Shri.N.Arcot Veerasamy, the Electricity Minister. The respondents would not investigate the above incident without fear or favour. Therefore, the investigation should be entrusted to an agency which is not under the direct control of the State Government, it is submitted.
6. The second respondent filed a counter affidavit disputing the version found in the petition seeking transfer of investigating agency. It has been submitted that the accused were arrested and remanded to judicial custody. As on date, 21 witnesses were examined and their statements have been recorded. The very fact that 11 persons were so far arrested would go to show that investigation is proceeding in the right direction. It has been submitted in the counter that the i
