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2025 Supreme(Online)(Mad) 78775

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, J
A.Shankar @ Savukku Shankar – Appellant
Versus
The Secretary to Government Home Department, Secretariat Chennai- 600 009 – Respondent
W.P.(Criminal) No.255 of 2025



Advocates:
For the Appellants/Petitioners: Mr.P.Rajkumar
For the Respondents: Mr.J.Ravindran, Mr.R.Muniyapparaj

The court ruled that multiple pending cases against the petitioner indicate no unlawful interference by police, affirming the importance of statutory responses to complaints filed under the Tamil Nadu Police (Reforms) Act.

Headnote:(A) Tamil Nadu Police (Reforms) Act, 2013 - Article 226 of the Constitution of India - Writ petition for directing action on complaints and forbidding interference with the petitioner's organization - The petitioner, a whistleblower, alleges unlawful surveillance and harassment by police authorities, citing infringement of fundamental rights under Articles 19(1)(a) and 21. The respondents reported 38 cases pending against the petitioner, without material support for the claims of interference by the Commissioner of Police. The court directed timely investigation and trial of pending cases. (Paras 2, 7, 10)

(B) Fundamental Rights - The right to free speech and protection against state harassment - The court acknowledged the petitioner's assertion of misuse of state machinery, but found no prima facie evidence of unlawful interference due to existing cases against him. (Paras 2, 7)

Facts of the case:
The petitioner, a video journalist, claims he suffered harassment by police while exposing misconduct. He submitted complaints, alleging non-action by government officials, leading to statutory dereliction. (Paras 1, 2)

Findings of Court:
The court dismissed the writ petition, recognizing the existence of multiple pending investigations against the petitioner and directing completion of investigations and timely trials. (Paras 8, 10)

Issues: The main issues were whether the police were unlawfully interfering with the petitioner's organizational functions and whether there was statutory dereliction in responding to complaints. (Paras 2, 7)

Ratio Decidendi: The court ruled that without sufficient material to support the claims of interference and with numerous pending cases against the petitioner, the challenge to police action lacked a basis in fact. (Paras 7, 10)

Result: Writ Petition dismissed.

Table of Content
1. writ petition filed under article 226. (Para 1)
2. petitioner claims harassment and violation of rights. (Para 2)
3. respondents provided details of actions taken. (Para 3 , 4)
4. court reviews status of pending investigations. (Para 5 , 6)
5. directions issued for investigation and trial expediency. (Para 8 , 9)
6. writ petition dismissed; petitioner retains right to legal remedies. (Para 10 , 11)

ORDER

This Writ Petition (Criminal) has been filed by the petitioner to direct the first and second respondents to take appropriate action on the petitioner's complaints dated 08.02.2025, 23.05.2025 and 21.06.2025 in accordance with the provisions of the Tamil Nadu Police (Reforms) Act , 2013 and further forbearing the third respondent from interfering with the functioning of the petitioner's organization, namely Savuku Media, situated at No.1, Parthasarathy Nagar 3rd street, Adambakkam, Chennai - 600 088 in any manner.

2. The learned counsel for the petitioner submitted that the petitioner is a Video Journalist and whistle blower, committed to expose illegality, corruption, abuse of authority and misconduct perpetrated by public servants, political figures and others wielding public power. Since the petitioner has been exposing police atrocities, misconduct and inaction, he has been subjected to various unlawful actions by the Commissioner of Chennai City Police/third respondent. The petitioner and his staffs are under constant unlawful surveillance and harassment by the third respondent, amounting to misuse of state machinery, infringing their fundamental rights under Articles 19(1)(a) and 21 of Constitution of India. Hence, the petitioner filed complaints on 08.02.2025, 23.05.2025 and 21.06.2025 to the respondents 1 and 2. However, they have not taken any action amounting to statutory dereliction. Therefore, the present petition is filed.

3. The learned Additional Advocate General appearing for the respondents submitted that based on the petitioner's representations/complaints dated 08.02.2025, 23.05.2025 and 21.06.2025, enquiry was conduct and disposed of vide proceedings of the Additional Chief Secretary to Government dated 28.07.2025 and he also produced the copies of the said proceedings.

4. At this juncture, the learned counsel for the petitioner submitted that the copies of the said proceedings were not served to him. Hence, the learned Additional Advocate General handed over the copies of the same to the learned counsel for the petitioner.

5. Further, when the matter came up before this Court on 14.07.2025, this Court had directed the Additional Advocate General to file counter affidavit and also a report as to how many complaints filed against the petitioner are pending at the enquiry stage, how many of them registered in FIR, how many of them culminated in charge sheet and how many case are pending for trial.

6. Accordingly, the second respondent has filed a report stating that there are totally 38 cases pending against the petitioner out of which, 13 cases are under investigation, 24 cases charge sheets have been filed and the same have also been taken on file by various Courst and one case in Crime No.173 of 2024 has been closed as "Mistake of Fact". The details of which are as follows:

Under Investigation-13

S. No.District & P.S.Crime NumberCurrent Status
1Kanchipuram S.V.ChathirmP.S.Crime No.60/2024 U/s.147, 294(nb), 353, 506(i) IPCState - UI
2Coimbatore City C2 Race Course L&O PSCrime No.231/2024 U/s.153, 153(A)(1)(a), 153(A)(1) (b), 504, 505(ii) IPCState - UI
3Chennai City D1 Triplicane PSCrime No.42/2024 U/s.143 IPC and 41(6) CP ActState - UI
4Chennai City E1 Mylapore PSCrime No.221/2022 U/s.384, 120B, 294(b), 506(ii) IPCState - UI
5Chennai City Delta-4Crime No.154/2024 U/s.294(b), 354D, 506(i), 509 of IPC, Sec.4 of TNPHW Act 1998State - UI
6Chennai City Dlta-1Crime No.323/2024 U/s.196(1(a),196(1)(b), 197(1)(c) and 353(2) of BNS 2023State - UI
S. No.District & P.S.Crime NumberCurrent Status
7Chennai City LFIW-II G

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