The court affirmed that allegations of custodial torture warrant independent investigation, emphasizing the protection of fundamental rights under Article 21.

ORDER :

(N. ANAND VENKATESH, J.)

This writ petition has been filed for the issue of a Writ of Mandamus directing the first respondent to order for an enquiry to be undertaken by a high-profile senior police officer of CBCID against respondents 6 to 8 in respect of the alleged custodial torture of the husband of the petitioner, who is an accused (A10) in Crime No.118 of 2023.

2. The case of the petitioner is that on 03.08.2023 one Mayandi was done to death and in that connection, an FIR came to be registered in Crime No.118 of 2023. In this FIR, the brother-in-law of the petitioner namely Arumugam was added as A2 and the husband of the petitioner was added as A9. It is alleged that respondents 6 to 8 illegally detained the husband of the petitioner for more than 24 hours and he was beaten black and blue. Apart from that the brother of the petitioner's husband was also beaten and brutally assaulted, as a result of which, both of them sustained grievous injuries.

3. A detailed complaint was given in this regard before the first respondent and others dated 09.08.2023 in order to conduct an enquiry and to take action against the delinquent officers. Since the same did not evoke any response, the present writ petition has been filed before this Court.

4. A counter-affidavit has been filed by the sixth respondent and the relevant portions are extracted hereunder:

“5) It is humbly submitted that, the accused Arumugam and Arjunan were produced before the Learned Judicial Magistrate No.II, Srivaikundam on 04.08.2023 at 11.30 PM, when produced the accused before the Honourable Judicial Magistrate No.II, Srivaikundam, they did not put forth any complaint before the Magistrate as stated by this petitioner. If they were beaten by the Police, when the duos were in Police Station, they might be pleaded the same to the Judicial Magistrate. Further, when the Judicial Magistrate asked the accused Arjunan about the tenderness found in his left knee, he submitted that when he was tried to ran, fall down from the motorcycle. After that, the Judicial Magistrate has ordered the remand to the accused till 18.08.2023. If both the accused were beaten by this Respondent or by the 7th Respondent or by the 8th Respondent, they could complain to the Judicial Magistrate when they produced before him. But no such allegations were made by them. Further this petitioner has uttered disgusting slurs against the 7th Respondent and the 8th Respondent that they openly told her husband that you get your wife submitted to this Respondent for enjoying the lust. This reflects her cruel attitude and childish thinking. There is not even an iota of truth in her statement except that she has exaggerated all the incidents that did not happen in order to justify the murder committed by her husband and relatives. Further we did not ask the accused Arumugam and Arjunan to lick our shoes. Hence the version of this petitioner is to be set aside.

6) It is most respectfully submitted that, the version of this petitioner is totally false and self- thinking one. The complainant Tmt. Thirumalaiselvi has given a statement against the accused Esakkipandi, Arumugam, Arjunan, Masanam, Selvam, Deiva Kannan, Angappan and Devaraj @ Deva when she was undergoing treatment at TVMCH, Palayamkottai on 04.08.2023. On 05.08.2023, after the arrest of the accused Arumugam and Arjunan, the accused Arumugam confessed that they had murdered the slain Tr.Mayandi as per the inducement and conspiracy hatched by the accused Sudalaivadivoo @ Subha, wife of Deiva Kannan was elicited and accordingly as such she is the accused in this case. The accused Pon Esakki and Nari and Venkatesh are accounted in this case on 11.08.2023 as per the confessional statement of the accused Angappan and the accused inclusion report was sent to the Learned Judicial Magistrate No.II Court, Srivaikundam on the same day. Further the section of law was altered in to @ 147, 148, 449, 294(b), 302, 307,115, 120(b), 506(ii), 109 IPC and 4 of