The main legal point established is the court's authority to transfer a case to the Central Bureau of Investigation and the obligation of the government to provide compensation in cases of custodial death.

Elipe Dharma Rao, J.

1. The appellant is the wife of the deceased Pandian. Claiming that her husband Pandian was tortured and done to death by respondents 3 to 6, all police officials, in connivance with some named private persons, she filed a writ petition before the learned single Judge, praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to launch prosecution against the respondents 3 to 6 under appropriate provisions of the Indian Penal Code, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and other laws, award suitable compensation to the appellant herein for the death of her husband, Pandian. Since her prayer was not answered by the learned single Judge in the manner expected by her, she has come forward to file this writ appeal.

2. From the materials placed on record, the factual aspects that we are able to collect are that one Seeman, son of Sengamalai Udayar of Veppur Village, Perambalur Taluk of the then composite Trichy District, lodged a complaint on 8.12.1994 at 10 am (Thursday) with Kunnam Police Station alleging that his minor daughter Selvarani, aged 16 years, was kidnapped by one Mohan, son of Paramasivan of Anthur Village, who was working in his rice mill at Veppur as a driver, on the night of 4.12.1994 (Sunday). Based on this, a case in Cr.No.307/1994 of Kunnam P.S. was registered under Section 366 IPC. According to the respondents, in spite of the sustained efforts put in by Kunnam Police, the accused Mohan and the kidnapped girl Selvarani could not be traced. Thereafter, the above said complainant Seeman filed a Habeas Corpus Petition in H.C.P.No.117/1995 before this Court on 23.1.1995, seeking production of his kidnapped daughter Selvarani before this Court.

3. In the said HCP, this Court, by the order dated 26.7.1995, directed the Superintendent of Police, Trichy to enquire, investigate and submit a report on or before 3.8.1995. It is in these circumstances that the third respondent Mr.Kasthuri Gandhi was entrusted with the investigation of the matter by the first respondent.

4. It is the case of the petitioner/wife of the deceased that her husband was hand-picked by the police party headed by the third respondent from Chennai and was tortured and done to death while he was in police custody and thereafter, the body was hanged to the neem tree, to mess up the things.

5. According to the counter affidavit filed by the first respondent/Superintendent of Police, the third respondent Mr.C.Kasthuri Gandhi, in his efforts to trace the victim girl, went to Chennai on 1.8.95 along with Grade I P.C.1113 Chinnadurai/the 5th respondent, complainant Seeman and witness Subramanian to make enquiry with the deceased Pandian and the said Pandian, who was working at Kothavalchavadi as a coolie, was enquired by the police party and on his information, the police party along with Pandian went to Royapuram slum area and made enquiries about the reported stay of the accused and the kidnapped girl, but in vein. Thereafter, the said Pandian took the Inspector and his party to Chintadripet stating that his brother-in-law Chellamuthu, an auto-driver, knows the whereabouts of the accused and Selvarani; that the auto drivers at Chintadripet informed the third respondent that the said Chellamuthu had gone to his native place Kilumathur to celebrate 'Aadi Perukku' festival, then the deceased Pandian left the place stating that he was going to his native village along with his brother-in-law Chellamuthu on 2.8.95 at 20.00 hrs. Then, the third respondent left Madras along with his party on 2.8.95 evening and reached Kilumathur village at 23.00 hours on the same day; that the said Pandian who was waiting at Kilumathur village told the Inspector that his brother-in-law Chellamuthu shouted at him for he had informed police about his knowledge regarding the whereabouts of the accused Mohan and the kidnapped girl Selvarani; that Pandian also showed the house of his brother-in-law Che