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2013 Supreme(Mad) 3003
High Court of Judicature at Madras
V. DHANAPALAN & C.T. SELVAM, JJ.
Thol. Thirumavalavan
Versus
The Home Secretary, Government of Tamil Nadu & Others
W.P. No. 18790 of 2013
Decided On : 27-08-2013
For the Petitioner:S. Prabhakaran for T.P. Senthilkumar, Advocates.
For the Respondents:A.L. Somayaji, Advocate General for S. Inbadurai, Special Government Pleader.
Headnote:
Writ petition filed by a Member of Parliament, under the style "Public Interest Litigation", seeking a direction to the Government to form a Forensic Expert Team headed by Thiru. 'Padmabushan' Prof. Chandrasekaran, the Former Director of Forensic Department, Chennai, to assist the investigation of the death of Ilavarasan's case, was dismissed by the High Court.
Fact of the Case:
Ilavarasan, a Dalit community member, was found dead with a head injury near the Railway track, backside of Arts College in Natham Village, Dharmapuri District. Ilavarasan's death created several suspicions, one of which was that he had been run over by a Train, but his body was found near the Railway Track only with head injury. Ilavarasan's death has created several suspicions, one of which is, had the said Ilavarasan been run over by a Train, definitely his body would have gone into pieces, but, his body was found near the Railway Track only with head injury. Had the Train been run in a speed of 50 kms, the deceased Ilavarasan would have been thrown at a long distance, at least 15 to 20 feet away from the Railway track, but the body of the deceased was found very near the Railway track and even if the Train had hit Ilavarasan, his lungs and heart would have been collapsed. But, the post-mortem report reveals that his lungs and heart were not collapsed. Normally, if a person is hit or run over by a Train, the Train Driver will immediately inform the same to the Railway authorities. Likewise, if the Train had run over or hit Ilavarasan, then the Train Driver would have informed the same immediately to the Railway authorities. But, the Kurla Express Train Driver has not given any information to the Railway authorities about it. Furthermore, none of the Drivers of the Trains, which passed through at the scene noticed Ilavarasan's body. Also, had the Kurla Express Train run over Ilavarasan, he would have given a written message to the nearest Station Master immediately. But, no such message was received by the Station Master immediately. Only after four days of the death of Ilavarasan, Tamil Nadu Police authorities have released a Suicide Note alleged to have been written by Ilavarasan, which creates suspicion and some Tamil Nadu Police Officials are creating several suspicious materials and are trying to close this case as 'Suicide'.
Finding of the Court:
The High Court held that the petitioner's prayer to form a Forensic expert team headed by 'Padmabushan' awardee Prof.Chandrasekaran to assist the death of Elavarasan's case, cannot be acceded to in toto. However, it is open to the respondents to invite Prof. Thiru. Chandrasekaran to extend his expertise in the investigation in the case of Elavarasan's death.
Issues: 1. Whether the petitioner has the locus standi to file a Public Interest Litigation in a criminal matter? 2. Whether the High Court can interfere with the statutory power of investigation by police into a cognizable offence?
Ratio Decidendi: 1. The High Court held that the petitioner, being a Member of Parliament and a leader of a political movement, has the locus standi to file a Public Interest Litigation in a criminal matter, as he is espousing the cause of a common issue, though it may be larger, without any political gain and popularity. 2. The High Court held that it cannot interfere with the statutory power of investigation by police into a cognizable offence, as the investigation of an offence is the field exclusively reserved for the police officers whose powers in that field are unfettered so long as the power to investigate into the cognizable offences is legitimately exercised in strict compliance with the provisions under Chapter XII of the Code.
Final Decision: The Writ Petition was dismissed by the High Court.
V. Dhanapalan, J.
1. Praying for a direction to the respondents to form a Forensic Expert Team headed by 'Padmabushan' Prof. Chandrasekaran, Former Director of Forensic Department, Chennai to assist the investigation of the death of Ilavarasan, a case registered on the file of the 6th respondent Police Station in Crime No.96 of 2013, the petitioner has come up with the present Writ Petition.
2. Facts of the case, as put forth by the petitioner in the affidavit, would run thus:
2.1. The petitioner is the President of the "Vidhuthalai Chiruthaikal Katchi", which is a registered Political Party. From the beginning, Vidhuthalai Chiruthaikal Katchi works for the upliftment of the poor and downtrodden people and it participates in public issues such as Cauvery issue, Eelam issue and fights to get justice for each and every people. Vidhuthalai Chiruthaikal Katchi is a People's Political Party. It fights against caste and race discrimination and untouchability, etc. and also fights against several injustices committed against poor persons, each and every day. In each and every public issue, Vidhuthalai Chiruthaikal Katchi puts maximum struggle and hard work to get justice. It played an important role to uplift the Schedule Caste and Schedule Tribe community and fights for their Reservation and also for the Reservation of Backward Classes and Most Backward Classes.
2.2. Though our country has developed a lot, caste system, racism, caste discrimination and untouchability have not changed. Few months back, one Divya, aged about 20 years belonging to Vanniyar caste and one Ilavarasan, aged about 20 years belonging to Scheduled Caste community had a love affair and got married on 07.11.2012. Thereafter, they lived in Natham Village, Dharmapuri District. But, the relatives of Divya and her community people did not accept their marriage and created several problems. Even some Caste based Political parties criticized the inter-caste marriage of Ilavarasan and Divya. Further, some leaders from the caste based Political parties created animosity between the upper caste people and the Schedule caste people through their speeches, interview and writings. Due to such type of social pressures, Divya's father is said to have committed suicide.
2.3. Thereafter, on 12.11.2012, thousands of anti-social elements attacked three Dalit Community Villages, viz., Natham, Kottarampatti, Anna Nagar in Dharmapuri District, set fire to the houses of the Dalit Communicty people and destroyed their entire properties. Due to the said attack, all the Schedule Caste community people of the said Villages lost their houses and belongings and they were put in streets as also, most of them were severely injured. This gory incident was condemned by most of the political leaders.
2.4. Our great leaders like Dr.Ambedkar and Thanthai Periyar greatly fought for abolition of caste discrimination and they also taught to abolish caste discrimination and their teachings mostly say that inter-caste marriages will be the foremost source for abolition of caste system. Further, the Government also provides aid to those who are doing inter-case marriages.
2.5. Till date, caste system, caste clashes survive everywhere in India and some caste based leaders are creating caste discrimination problems and they are all against inter-caste marriage and are giving speeches against inter-caste marriage, which leads to several problems and in turn, that has led to the gory Dharmapuri District incident on 12.11.2012, where, three Dalit Villages were entirely collapsed. Some of the caste based political parties very often kindle castism and racism in the minds of the public.
2.6. In the meantime, Divya's mother filed a Habeas Corpus Petition before this Court and when the said Petition came up for hearing, originally, the girl Divya stated that she married Ilavarasan and she wants to be with Ilavarasan and the matter was adjourned and both of them were living together in their matrimon
