K. Kannan, J.

Heard Mr. C.K.Chandrasekaran, learned counsel for the petitioner as well as Mr.S.Ramasamy, learned Additional Advocate General appearing for respondents.

Nature of action:

2. This case depicts yet another sordid episode of an ugly spat between a section of lawyers and a handful of police personnel, with the resultant physical and mental assaults complained of as having been visited on the lawyers. A recurrent theme misses out no part of all too known story of assault followed by boycott of courts. Allegations and counter allegations galore have been exchanged and the writ petition seeks to unravel the truth. This writ petition has been filed by the Chairman, Bar Council of Tamil Nadu espousing the cause of four advocates viz., M/s Ignatius, Pounkumar, Marx, Velusamy who were alleged to have been physically and mentally tortured in police custody by misuse of power by police viz., Respondents 4 to 15.

Summary of facts-Petitioners version:

3. The facts as narrated in the affidavit are that some advocates of Tuticorin Bar had gone on a pleasure trip to Courtalam on 27. 2007. In the wee hours of the morning at about 2 a.m., seven advocates including the four mentioned above had gone to take bath in the falls. At that time, respondents 7,9 to 13 all of them belonging to police force, were in an inebriated condition and started using indecent and vulgar language . The lawyers were also met with by a volley of verbal assaults and when they advised them to be polite, the police became agitated and went to the extent of brandishing lathis and beating up the advocates. The police did not only round up the four advocates, but arrived at the lodge where other advocates were staying, at about 3.10 a.m. and took away their belongings and the Ambassdar Car bearing Registration No.TSH 41. The lawyers were detained at the police station. The advocates of Tenkasi, Shengottah and Tuticorin who came to know about the confinement of the lawyers, rushed to the police station, but they were denied entry. The other advocates who could not rescue the four advocates from the custody of the police, sent telegrams to all higher officials including the petitioner Bar council. The police brought the advocates for remand before the Magistrate at about 11.30 a.m.. The advocates complained to the Magistrate about the physical assaults made on them and the Magistrate on seeing the injuries and on the basis of the application filed on behalf of the advocates ordered for medical examination. The advocates were however remanded to custody. When they were taken to shengottah Police Station, the D.S.P., threatened the advocates for having exposed him for the assaults made by him. When they were taken to Palayamkottai jail for remand at about 3.30 p.m, the jail authorities and the Doctor in the jail noticed the injuries sustained by the advocates. They were released on bail on the same day evening by the District Sessions Judge, Tirunelveli at about 6 pm.,and brought to the Palayamkottai Government Hospital at 6.30 p.m.

.4. Before the Doctor,the advocates complained that they had been beaten up with sticks by fifteen known persons and the Doctor had noted the injuries on the persons. He had recorded the nature of injuries as simple in nature. The Civil Assistant Surgeon who drew up the accident register noted the impression of sticks on the body of the person of Mr.Velusamy and other visible injuries on other persons as well. The petitioners contention is that the injuries inflicted on the four advocates were at the time when they were admittedly in the custody of the police. Therefore, the police have to take a full responsibility for the inhuman treatment meted out to them.

The respondents version:

.5. Respondents, after denying all the allegations in the counter affidavit would turn the tables of the advocates and contend that the incident took place when the advocates themselves were in an inebriated state, picked up quarrel with a ma