BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
C.T. Selvam, A.M. Basheer Ahamed, JJ.
A. John Vincent - Petitioner
Vs.
The Government of Tamil Nadu, Rep. by its Home Secretary, Secretariat, St. George Fort, Chennai – Respondent
W.P.(MD) Nos.15421 of 2018 and 15660 of 2018 and W.M.P.(MD) Nos.13879 and 14056 of 2018
Decided On : 02-08-2018
Constitution of India, 1950 - Articles 226, 227, 32, 19 and 21 – Indian Penal Code, 1860 - Sections 147, 148, 157, 188, 302, 324, 332, 353, 482 448, 450, 307, 436 and 506 - Tamil Nadu Property Act, 1992 - Section 3 - Criminal Procedure code, 1973 - Sections 161, 174, 144, 151, 156, 154, 190, 173, 167, 220, 169 and 170 - Public Properties - Great Damage To Life - Painful Loss Of Loved Ones - They contended that State has resorted to filing of multiple - Which caused great prejudice not only to accused but also caused great fear in minds of local residents - In a particular case an accused has been named in as many cases and in another in cases - Persons facing such position are numerous - Local residents having suffered very painful loss of their loved ones are being denied even right to grieve and mourn their loss by being put in constant fear of police midnight knock - Response of learned counsel for respondents is not one of denial of a particular individual being arrayed as accused in very many cases - It is one pleading justification of registration of multiple Counsel on either side have referred to various decisions of honble supreme court - In fact counsel on either side frequently referred to decisions relied on by other - While one would place reliance and inform application of particular paragraphs other would do likewise regards other paragraphs of same judgment - Held, We are therefore of opinion that procedure adopted by division bench was wrong and division bench was not justified in directing that two letters on which action was initiated by division bench should not be kept in record of proceedings and that identity of guardian and student should not be disclosed - A hundred - Against particular individuals is one to obtain bail in one case only to be told that he is detained in another Is this a message to protestors - How brazen and insensitive can state be is state oblivious or uncaring of position that by conducting itself in manner informed it is putting every person even if he has played an ever so small part in protests in fear of midnight knock and arrest - Are family members who have lost their near and dear ones constantly to fear their arrest or that of their loved ones Is State being oblivious or is it intent given sadness of incident why is state when it should be looking for balm that heals be raising police palm that threatens - Writ Petitions are partly allowed.
Since the prayer sought for in these writ petitions are similar in nature, these writ petitions are taken up together for disposal.
2. The writ petitioners sought for a declaration that the action of the Respondent Police in registering multiple First Information Reports subsequently after registering a First Information Report in Crime Nos.190 and 191 of 2018 by the 5th respondent police for the entire occurrence happened on 22.05.2018, during the Anti Stertile Protest at Thoothukudi, as illegal, null & void and consequently direct the 3rd Respondent to treat the same as statements under Section 161(3) of Cr.P.C. in Crime Nos.190 and 191 of 2018 transferred to their file from the file of 5th Respondent.
3. Heard Mr.N.R.Elango, learned Senior Counsel for petitioner in W.P.(MD) No.15421 of 2018, Mr.Ajmal Khan, learned Senior Counsel for petitioner in W.P.(MD) No.15660 of 2018, Mr.Henri Tiphagne, learned counsel, and Mr.P.H.Arvind Pandian, Additional Advocate General and Mr.K.Chellapandian, learned Additional Advocate General for respondents.
4. Learned Senior Counsel appearing for writ petitioners submitted that F.I.R. registered in Crime No.191 of 2018 on the file of SIPCOT Police Station for offences under Sections 147, 148, 188, 324, 332, 353, 448, 450, 307, 436, 506(ii) I.P.C. and Sections 3(1) and 4 of Tamil Nadu Property (Prevention of Damage & Loss) Act, 1992, Section 3 of Explosive Substances Act, 1908 and Section 174 of Code of Criminal Procedure, 1973 related to the entire happenings in and around Tuticorin on 22.05.2018 and on which date as many as 13 persons lost their lives owing to police shooting. They contended that the State has resorted to filing of multiple F.I.Rs. which caused great prejudice not only to the accused but also caused great fear in the minds of local residents. In a particular case, an accused has been named in as many 100 cases and in another in 85 cases. Persons facing such position are numerous. Local residents, having suffered very painful loss of their loved ones, are being denied even the right to grieve and mourn their loss by being put in constant fear of the police midnight knock.
5. The response of learned counsel for respondents is not one of denial of a particular individual being arrayed as accused in very many cases. It is one pleading justification of the registration of the multiple F.I.Rs.
6. Counsel on either side have referred to various decisions of the Hon'ble Supreme Court. In fact counsel on either side frequently referred to decisions relied on by the other. While one would place reliance and inform application of particular paragraphs, the other would do likewise regards other paragraphs of the same judgment. We do not intend to enter upon a thread bare discussion of the various decisions relied upon. We would, after hereunder translating F.I.R. in Crime No.191 of 2018, refer to those judgments, which in our view lay down propositions of law applicable to the facts of the case as distinct from particular facts attending the particular judgment relied upon.
7. On translation, F.I.R. in Crime No.191 of 2018 reads thus:
"Humbly submitted. Today i.e., 22.05.2018 at 17.00 hours I M.Hariharan, Inspector of Police, Sipcot Police Station, Thoothukudi was on Station Duty, registered a case in Crime No.191 of 2018 U/s. 147, 148, 188, 324, 332, 353, 448, 450, 307, 436, 506(ii) I.P.C. & 3(1), 4 of TNPPDL Act & Sec.3 of ES Act, R/w 174 Cr.P.C. on the complaint lodged by Mr.Sekar, Special Deputy Thasildar (Election) of Thoothukudi Taluk Office by appearing before me. The details of which are follows:
From P.Sekar, Special Deputy Thasildar (Election), Taluk Office, Thoothukudi. To The Inspector of Police, SIPCOT Police Station, Thoothukudi.
Sir,
I am working as Special Deputy Thasildar (Election) in Thoothukudi Taluk Office. In Thoothukudi District, for the past few months, the people belonging to Tuticorin Town and the surrounding villages viz., A.Kumarediapuram, Therku Veerapandiayapur
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.