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2018 Supreme(Mad) 4276
IN THE HIGH COURT OF MADRAS, MADURAI BENCH
C.T. SELVAM, A.M. BASHEER AHAMED, JJ.
K. Kathiresan - Appellant
Versus
State of Tamilnadu - Respondent
Writ Petition No. 11391, 11394, 11396, 11397, 11398, 11399, 11401, 11402, 11502, 11661, 12297, 13231, 13417 of 2018, Writ Miscellaneous Petition No. 10382, 10383, 10389, 10390, 10391, 10392, 10393, 10394, 10398, 10479, 10480, 10481, 11178, 11543, 12064, 12223, 12224, 12225 of 2018
Decided On : 14-08-2018
A. Kannan, Adv., A. Rajini, Adv., S.A.S. Alaudin, Adv., R. Anand, Adv., C. Ezhilarasu, Adv., A. Suresh Sakthi Murugan Thanu, Adv., Kanimozhi Mathi, Adv., P. Gurusamy, Adv., D. Srinivasa Raghavan, Adv., N.R. Elango, Adv., L. Shaji Chellam, Adv., Henri Thipagne, Adv., K. Chellapandian, Adv., R. Sethuraman, Adv., V. Nagendran, Adv.
Headnote:
Code of Criminal Procedure, 1973 - Sections 41-A and 14 - Indian Penal Code, 1860 - Section 302 - Temporary Suspension of Telecom Services (Public Emergency of Public Safety) Rules, 2017 - Offence of murder - Criminal Trial - Petitioner seeks issuance of a Writ of Mandamus directing third respondent to register a criminal case u/s.302 IPC against respondents 8 to 10 and others responsible for killing 11 and more innocent people staging protest demanding permanent closure of Sterlite Copper by deploying snipers in un uniform and shot dead the people on their vital points without adhering the Police Standing Order and the laws and rules governing the police firing and disbursing public gathering - Held, Even if resort to Police firing was not premeditated, this case demonstrates, not only that Police Standing Order 703 has not been followed but that such provision, by itself, affords no assurance against subsequent occurrences of similar nature - International Standards for the use of force and fire arms as per the United Nations Guidelines thereon of 1990 as also other material/contemporary literature may usefully be referred to - Writ Petitions disposed of
C.T. SELVAM, J.
1. Petitioner in W.P.(MD) No.11391 of 2018 seeks issuance of a Writ of Mandamus directing third respondent to register a criminal case u/s.302 IPC (11 counts) against respondents 8 to 10 and others responsible for killing 11 and more innocent people staging protest at Tuticorin on 22.05.2018 demanding permanent closure of Sterlite Copper by deploying snipers in un uniform and shot dead the people on their vital points without adhering the Police Standing Order and the laws and rules governing the police firing and disbursing public gathering and to order for a judicial probe headed by a sitting Judge of the Hon'ble High Court of Madras and transfer all cases relating to the firing incidents to the file of the eleventh respondent to investigate the case in accordance with law under the direct monitoring of this Court by considering the petitioner's e-mail representation dated 23.05.2018 addressed to the respondents 1 to 3 within a time frame.
2. Petitioner in W.P.(MD) No.11394 of 2018 seeks issuance of a Writ of Mandamus directing respondents (i) to order for an independent enquiry by third respondent to probe the causes that led to the police firing and excesses in Tuticorin on 22.05.2018; (ii) to direct the District Judge, Tuticorin, to visit the Government Hospital, Tuticorin and the High Ground Hospital, Tirunelveli and to file a report with regard to the actual toll of death and with regard to the status of missing persons; (iii) to immediately withdraw the police force from the residential localities and stop indiscriminate arrest and torture; (iv) to immediately shift the injured persons to Madurai and to provide adequate medical care; (v) to ensure the supply of basic amenities like Milk, Rice, Dhall, Electricity and other provisions and to ensure free mobility; and (vi) to ensure the release of suspended Internet, Whatsapp and other information related activities.
3. Petitioner in W.P.(MD) No.11396 of 2018 seeks issuance of a Writ of Mandamus permitting a team of Advocates and Human Rights Activists to conduct a legal aid/fact finding at Tuticorin and its vicinity affected with regard to the above said incidents of sterlite agitation on 22.05.2018 at Tuticorin in a free and fair manner without any interruption by the respondents 3, 4 and 5.
4. Petitioner in W.P.(MD) No.11397 of 2018 seeks issuance of a Writ of Mandamus directing respondents 2 and 10 to shift and transfer all the injured persons including police personnel who were injured in the Tuticorin sterlite protest on 22.05.2018 and on subsequent dates by allowing the members of the Indian Red Cross Society and further direct the fourth respondent to accord financial sanction for the above treatments within a time frame.
5. Petitioner in W.P.(MD) No.11398 of 2018 seeks issuance of a Writ of Mandamus directing respondents 1 to 3 to take appropriate and immediate action as against the fourth respondent departmentally as well as under the criminal law in connection with his intentional omission in making a true and real report of facts about the procession that has been taken place on 22.05.2018 in connection with the agitation against the functioning of Sterlite Industries (India) Limited, Madurai Bye-Pass Road, T.V. Puram Post, Tuticorin District, as expeditiously as possible within the time frame.
6. Petitioner in W.P.(MD) No.11399 of 2018 seeks for issuance of a Writ of Mandamus directing respondents to take appropriate action to restore the internet service among the Tuticorin, Kanyakumari and Tirunelveli District for five days.
7. Petitioner in W.P.(MD) No.11401 of 2018 seeks issuance of a Writ of Declaration declaring the second respondent's order dated 23.05.2018 vide Letter No.TS/329-1/2018 as illegal and unconstitutional.
8. Petitioner in W.P.(MD) No.11402 of 2018 seeks for issuance of a Writ of Mandamus directing respondents to form a High Level Committee consisting of former Justices, efficient executives and others whom this Court feel
