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2014 Supreme(Mad) 4045
High Court of Judicature at Madras
V. RAMASUBRAMANIAN, J.
B. Dilipkumar
Versus
The Secretary to Government & Others
Writ Petition No.26991 of 2014 & MP.No.1 of 2014
Decided on: 11-11-2014
For the Petitioner:U. Nirmala Rani, Advocate.
For the Respondents: S. Shanmugavelayutham, Public Prosecutor Assisted by R. Vijayakumar, AGP.
The main legal point established in the judgment is the court's authority to transfer the investigation to the CBI and appoint an officer for a preliminary investigation in cases where the local police conduct is questionable, especially in matters involving honour killing and caste-based issues.
Headnote:
Honour Killing - Caste-based Inter-caste Marriage - Sections 174, 176, 201, 306, 147, 149, 120(B) of the Indian Penal Code - The court allowed the writ petition seeking the entrustment of the investigation relating to the death of Vimaladevi to the Central Bureau of Investigation (CBI) and directed the appointment of an officer of the rank of an Inspector General of Police to conduct a preliminary investigation on the conduct of the officers involved. The petitioner was also granted police protection until the completion of the investigation and was allowed to renew the claim for compensation at the appropriate stage. The respondents were directed to pay Rs.25,000/- towards costs to the petitioner.
Fact of the Case:
The petitioner, belonging to the scheduled caste community, sought the issue of a Writ of Mandamus to transfer the investigation relating to the death of his wife, Vimaladevi, and to grant various other reliefs. The petitioner claimed that his wife was killed due to caste-based issues and sought justice.
Finding of the Court:
The court found that the death of Vimaladevi was a case of honour killing and directed the transfer of the investigation to the CBI. The court also directed the appointment of an officer of the rank of an Inspector General of Police to conduct a preliminary investigation on the conduct of the officers involved. The petitioner was granted police protection and allowed to renew the claim for compensation at the appropriate stage.
Issues: The primary issue was whether the petitioner's prayer for transferring the investigation to the CBI was legally justified. Additionally, the conduct of the police officials and the need for police protection for the petitioner were also addressed.
Ratio Decidendi: The court held that the investigation relating to the death of Vimaladevi cannot be left in the hands of the local police officers and directed the transfer of the investigation to the CBI. The court also emphasized the need for a preliminary investigation on the conduct of the involved officers and granted police protection to the petitioner.
Final Decision: The writ petition was allowed, and the court directed the transfer of the investigation to the CBI, appointment of an officer of the rank of an Inspector General of Police for a preliminary investigation, granting of police protection to the petitioner, and the renewal of the claim for compensation at the appropriate stage. The respondents were also directed to pay Rs.25,000/- towards costs to the petitioner.
1. The petitioner, who belongs to the scheduled caste community and whose marriage with a girl, belonging to the most backward community, has led to his whole world turning upside down within a short span of time, eventually leading to the death of the girl, has come up with the above writ petition, seeking the issue of a Writ of Mandamus primarily to transfer the investigation relating to the death of the girl and to grant various other reliefs.
2. I have heard Mrs.U.Nirmalarani, learned counsel for the petitioner and Mr.S.Shanmugavelayutham, learned Public Prosecutor assisted by Mr.R. Vijayakumar, learned Additional Government Pleader for the respondents.
3. The petitioner has come up with the above writ petition mainly seeking the entrustment of the investigation relating to the death of one C.Vimaladevi of Polipatti Village, Usilampatti Taluk, Madurai District to the Central Bureau of Investigation (the 3rd respondent herein) and for the grant of Rs.10 lakhs as compensation for the death of C.Vimaladevi due to the gross negligence and complicity played by the respondents in that crime. He also further prayed for initiation of departmental as well as criminal proceedings against the police officials responsible for her death.
4. The petitioner claims that he belongs to the Scheduled Caste Community and was a permanent resident of Polipatti village, Usilampatti Taluk. According to the petitioner, all hell broke loose after he married a girl belonging to the Piranmalai Kallar caste, classified as a Most Backward community. The case of the petitioner is that the couple was forcibly separated and the girl was killed. Therefore, claiming that his life is in danger at the hands of his wife’s (late C.Vimaladevi) parents and their community people as well as by the local police, the petitioner has now taken shelter at the Tamil Nadu Untouchability Eradication Front, having headquarters at Chennai. Thereafter, he has come up with the above writ petition, for the reliefs stated supra. Hence, in these special circumstances, the writ petition was entertained at the Principal Bench, as the petitioner, who stays at Chennai, apprehends danger to his life at his native place and cannot go there even for filing a case.
5. At that time, when the matter came up for admission on 10.10.2014, while ordering notice in the writ petition, I passed the following interim order :
“Mr.P.Sanjay Gandhi, learned Additional Government Pleader takes notice for the respondents. He is directed to file a counter on 20.10.2014. Post on 20.10.2014. In the meantime, the investigation by the present investigating officer shall not proceed further.”
6. I was informed at that time, that a first information report was lodged in the Usilampatti Town Police Station in Crime No.308 of 2014 under Section 174, Criminal Procedure Code read with Sections 176 and 201, Indian Penal Code. The said first information report was registered on 2.10.2014 by the Station House Officer, Usilampatti Town Police Station on the basis of a complaint given by one P.Selvan, Village Administrative Officer of Boothipuram Village. The names of one Chinnasamy alias Veeranan and his wife Thenammal, who are the parents of the deceased C.Vimaladevi, are shown as accused in that first information report. As it was alleged that C.Vimaladevi was murdered and the body was charred to death so as to make it appear to be a case of suicide and that the local police was in connivance with the relatives and parents of the deceased, I was constrained to grant a stay of further investigation by the local police.
7. Subsequently, a counter affidavit was filed by the Superintendent of Police, Madurai District together with a set of documents. The original file relating to the Crime No.308 of 2014 was also circulated for my perusal.
8. The case of the petitioner, as it unfolds in the affidavit filed in support of the writ petition, is that he belongs to the Scheduled Caste community; that while working a
