2025:MHC:1168 IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on 07.04.2025 Pronounced on 28.04.2025 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR H.C.P.No.1661 of 2017 Noor Basha ...Petitioner Vs.

1.The Superintendent of Police, Kancheepuram District, Kancheepuram.

2.The Inspector of Police, Sathurangapattinam Police Station, Kancheepuram District.

3.The Superintendent of Central Prison, Puzhal – II, Chennai – 600 066. 4.The Secretary to Government, Department of Home, St. George Fort, Chennai – 600 009. ...Respondents (R4 impleaded as per order dated 12.03.2018 made in Crl.M.P.No.3862 & 3863 of 2018 in H.C.P.No.1661 of 2017)

Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to direct the 4^th respondent/State, Secretary to Government, Department of Home, St. George Fort, Chennai – 600 009 to pay a compensation of Rs.1 Crore for 90% disability to the detenue Sheik Sahul Hameed by further prosecuting the detenue in the hands of the Policemen of Kancheepuram District by entrusting the investigation in the hands of CBCID, Kancheepuram. (Prayer amended as per order of this Court dated 12.03.2018 made in Crl.M.P.Nos.3862 &

3863 of 2018 in H.C.P.No.1661 of 2017) For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.P.Kumaresan, AAG assisted by Mr.A.Gokulakrishnan, APP

ORDER

M.S.RAMESH, J.

As per the averments made in the affidavit filed in support of the present petition, the Police Officials attached to the second respondent Police Station had taken custody of the petitioner's son, namely, Sheik Sahul Hameed, S/o. K.A.Noor Basha, on 26.08.2017 at about 8.30 P.M. and without informing him the grounds of arrest, he was beaten with Lathis, resulting in severe injury and failure of his kidneys and anuria. Accordingly, the petitioner had originally sought for issuance of Writ of Habeas Corpus for setting his son at liberty for the purpose of extending an effective medical treatment to him. On the basis of the interim orders passed on 05.09.2017 and 11.10.2017, the detenu was ordered to be transferred from Stanely Medical College Hospital to Apollo Hospital and the State was directed to bear the expenses for his treatment. As per the interim summary report dated 06.10.2017 issued by the Apollo Hospital, the detenu had suffered acute damage to his kidneys, besides amputation of four fingers in each of his hands. Thereafter, the prayer in the main Habeas Corpus Petition came to be amended by impleading the Secretary to Government, Department of Home, Chennai, as the 4^th respondent with a consequential direction to the 4^th respondent to pay a compensation of Rs.1 Crore for 90% disability to the detenu and for action against the Police Officials, as well as for transfer of investigation to the CBCID, Kanchipuram.

2. The respondent police, however, had denied the claim of the petitioner that his son was physically tortured by the Police. In view of this disputed fact, the Co-ordinate Bench of this Court had passed an interim order on 11.10.2017, appointing Hon'ble Mr.Justice R.S.Ramanathan, Former Judge of this Court, to enquire into the matter and submit a report. The Hon'ble One Man Committee had commenced enquiry on 02.11.2017 and ultimately, submitted the final report on

17.11.2017, recording its opinion that the detenu must have been beaten up with Lathis in his gluteal region, thighs, legs and other portions of his body. In the background of these developments, the matter was heard by us.

3. The learned counsel for the petitioner submitted that the custody of the detenu was taken by the second respondent Police on 26.08.2017 at about 08.30 P.M. and he was illegally detained in the Police Station till 31.08.2017 and thereafter remanded to judicial custody. According to the learned counsel, during the course of this illegal detention, the detenu was brutally attacked by the Police, which resulted in several visible injuries all over his body. Owing to these