V.Natarajan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Natarajan.V .. Petitioner -vs1. The State of Tamil Nadu, Rep. by its Home Secretary, Government of Tamil Nadu, Fort St. George, Chennai 600 009.
2. The Director of General of Police, Kamarajar Salai, Chennai 600 004.
3. The Director of Prosecution, Government of Tamil Nadu, No.5, Kamarajar Salai, Chennai 600 005.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents as per the direction of the Hon'ble Supreme Court of India in the State of Gujarat vs. kishanbhai, Manu/SC/0004/2014, i) to constitute a Standing Committee to senior officers of police and prosecution departments to examine all orders of acquittal and record the reasons; ii) to utilize such standing committee's constituted for crystalizing mistakes committed during investigation, and/or prosecution, or both; iii) to incorporate the course-content drawn from the standing committee's
in its existing training programmes for junior investigation/prosecuting official and to create a course content of refresher training programmes for senior investigating/prosecuting officials; and iv) to formulate a procedure for taking action against all erring investigating/ prosecuting officials in order to infuse seriousness in performance of investigating and prosecuting duties and would ensure that investigation and prosecution are purposeful and decisive. For the Petitioner :
No appearance For the Respondents :
Mr.A.Edwin Prabakar State Government Pleader, for RR 1 and 3 :
Mr.R.Muniyappa Raj Addl. Public Prosecutor assisted by Mr.M.Sylvester John for R-2 * * * * *
ORDER
(Made by the Hon'ble Chief Justice) None appears for the petitioner.
2. We have heard Mr.A.Edwin Prabakar, learned State Government Pleader, for respondent Nos.1 and 3 and Mr.R.Muniyappa Raj, learned Additional Public Prosecutor, for respondent No.2.
3. The petitioner seeks directions against respondents to
constitute a standing committee of senior officers of police and prosecution departments to examine all orders of acquittal and record the reasons and for further reliefs.
4. Today, the status report is filed by the Assistant Inspector General of Police, High Court Cases Monitoring Cell, Office of the Director General of Police. Paragraphs 4 to 7 of the same read thus: "4. It is respectfully submitted that as per the orders of the Hon'ble Supreme Court, the Government has instructed the Director General of Police and the Director of Prosecution to set up a Standing Committee and to examine all the orders of acquittal and to take necessary action against erring police officer.prosecuting officials.
5. As per the instructions of the Government and in order to comply with the orders of the Hon'ble Supreme Court, a Standing Committee for each district/city consisting of the officers of the Police Department and the Prosecution Department was created vide Rc.No.053884/Crime 4(3)/2014 by the Office of the Director General of Police.
6. It is respectfully submitted that the Standing Committee so constituted reviewing all the orders of acquittal under their jurisdiction and each and every case is analysed individually to ascertain the flaws, if any, in investigation/prosecution. The Standing Committee has identified erring investigation officials and appropriate departmental action has been initiated against those officials.
7. It is respectfully submitted that the review report of the acquittal cases reviewed by the Committee across all districts for the year 2023 has been collected. As per the recommendation of the Committee departmental action has been initiated against police officers in the year 2023." In light of the aforesaid, the purpose of the writ petition stands served. The writ petition as such is disposed of. There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 05.02.2024 Index : Yes/No : Yes/No sra To
1. The Home Secretary, Government of Tamil Nadu, Fort St. George, Chennai 600 009.
2. The Director of General of Police, Kamarajar Salai, Chennai 600 004.
3. The Director of Prosecution, Government of Tamil Nadu, No.5, Kamarajar Salai, Chennai 600 005.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sra) 05.02.2024