Proceedings could be quashed under Article 226 of constitution.

There are two connected Writ Petitions arising in connection with the death of one Arumugham in Police custody and filed by two Sub-Inspectors Natarajan and Rajangam and four Constables P.G. Nos. 113, 1331, 2118 and 2119 and from the alleged torture in Police custody of one Jayaraman, filed by SubInspector Rajangam and the aforesaid four Police constables.

The facts leading to the institution of these Writ Petitions are as follows: SubInspector Natarajan at the material time was the Law and Order Sub-Inspector attached to J-3 Police Station. Sub-Inspector Rajangam was the Detective Sub-Inspector of Police, attached to the same Station. The four Police Constables were attached to the Crime Section of J-3 Station.

The deceased Arumugham aged about 23 was living at No. 51, Chinnaraju Pillai Thottam, Kodambakkam, within the limits of the J-3 Police Station, with his mother Chellammal, his mother’s paramour Vedachalam, that Vedachalam’s wife Kamala and her four children. He was also keeping a concubine by name Rukmani, a flower vendor, aged about 18. This Arumugham was for some time living with that Rukmani in a house separately. The Police Constables Nos. 1331, 2118 and 2119 are said to have been making attempts to have illicit intimacy with that Rukmani.

In these circumstances on 8th February, 1958 a complaint by one Manjani was registered by the Crime Section as Crime No. 122 of 1958 under sections 457 and 380, Indian Penal Code in J-3 Kodambakkam Station. The deceased Arumugham was suspected in that case. He seems to have been out of view and could not be apprehended immediately. Therefore, on 17th February, 1958, Chellammal, the mother of Arumugham, Kamala and her four children were taken to the J-3 Police Station and kept there with a view to put pressure on Arumugham to surrender himself. This is a time-honoured practice euphemistically described as keeping under surveillance in the south and as having their presence in the north. This is a practice severely sought to be put down by higher Police Officers but still persisting albeit illegally. But this step succeeded in this case in that that day at about 8-30 p.m. Vedachalam accompanied by four other residents of the locality surrendered Arumugham to the Sub-Inspector Rajangam. Chellammal was sent away under the instruction of Rajangam. Vedachalam returned home at about 10 p.m. and after that he did not see this Arumugham alive.

On 20th February, 1958 at about n-45 p.m. Rajangam telephoned the Assistant Commissioner of Police, Crime (South) that Arumugham had died of fits while being examined in J-3 Police Station. Thereupon the Assistant Commissioner went to the Kodambakkam Police Station and after an informal enquiry sought to contact the Chief Presidency Magistrate and finally located the Sixth Presidency Magistrate, Saidapet, whose turn it was to hold an inquest-the Presidency Magistrates seem to arrange themselves in rotation for doing this unpleasant task by turns-to hold an inquest over the dead body of Arumugham in the interest of justice. The Sixth Presidency Magistrate came to the Police Station and held the inquest. The Panchayatdars returned an open verdict that “the deceased appears to have died on account of epileptic fits, while being interrogated by the Police. The deceased has fallen down on account of fits and died.” The report of this investigation held under section 174, Criminal Procedure Code, has been typed as Document No. 1 in the file of typed papers supplied to us by the petitioners. The dead body of Arumugham was sent through P.C. No. 947 Murugiah to the Professor of Forensic Medicine, General Hospital, for post-mortem examination. This was on 21st February, 1958.

On 22nd February, 1958 Vedachalam and Chellammal presented a. petition before the Commissioner of Police (typed as Document No. 2 in the file of typed papers supplied to us) alleging that the death of Arumugham was caused while he was in the custody of the Police at the Kodambak