Madras High CourtWP(MD)/20059/2023disposed of

Arunkumar. T v. P. Amutha Ias

2023-09-25Honourable Dr. Justice D.Nagarjun6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN T.Arunkumar ... Petitioner Vs 1.Ms.P.Amutha IAS, (High-Level Inquiry Officer), Home Departmental (presently in Home Department), Govt. of Tamil Nadu, 2.The Home Secretary, Govt.of Tamil Nadu, 3.The Inspector General of Police (South Zone), Office of the Inspector General of Police, Race Course, Natham Road, Madurai-625 002.

4.The District Collector, Office of the District Collector, Tirunelveli, Tirunelveli District.

5.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli, Tirunelveli District.

6.The Deputy Superintendent of Police, Ambasamudram Police, Sub Division, Ambasamudram, Tirunelveli District.

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7.The Inspector of Police, Ambasamudram Police Station, Ambasamudram Taluk, Tirunelveli District.

8.The Inspector of Police, V.K.Puram Police Station, Tirunelveli District.

9.The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

10.The Inspector General of Police - Crime Branch (CID), No.3, SIDCO Electonic Complex, 1 Floor, Guindy, Chennai-600 032.

11.The Deputy Superintendent of Police -Crime Branch (CID), Office of the Deputy Superintendent of Police (CBCID), No.26 D, C Colony, Perumalpuram, Tirunelveli-627 007.

12.The Inspector of Police, Crime Branch (CID), South, CBCID, South, Tirunelveli District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct (i) the 1st respondent herein to immediately ensure, without any delay whatsoever, to provide the petitioner herein a copy of the comprehensive final report of Ms.P.Amutha IAS, the first respondent herein with all annexures within a time frame to be determined by this Court; and (ii) the 4th respondent District Collector to provide a copy of the interim and final reports of the related and appropriate PSO 151 enquiries conducted by Mr.Mohammed Shabbir Alam I.A.S., the Sub Collector of Cheranmahadevi into the Ambasamudram incidents of police torture by Mr.Balveersingh IAS 2/6

and other policemen and the different letters of the 4th respondent sent to the Government of Tamil Nadu along with the said reports on various dates. For Petitioner : Mr.Henri Patrick Tiphange For Respondents : Mr.Veera.Kathiravan, Additional Advocate General assisted by Mr.S.Ravi, Additional Public Prosecutor

ORDER

This Writ Petition is filed for a direction to the 1st respondent to immediately ensure, without any delay whatsoever, to provide the petitioner a copy of the comprehensive final report of the first respondent with all annexures and the 4th respondent District Collector to provide a copy of the interim and final reports of the related and appropriate PSO 151 enquiries conducted by Mr.Mohammed Shabbir Alam I.A.S., the Sub Collector of Cheranmahadevi into the Ambasamudram incidents of police torture by Mr.Balveersingh IAS and other policemen and the different letters of the 4th respondent sent to the Government of Tamil Nadu along with the said reports on various dates.

2.The learned Additional Advocate General representing the respondents has submitted that investigation has already been completed and 3/6

charge sheet is also made ready. However, since the accused is IPS officer, the Government is requested to grant sanction for initiating prosecution against the said accused who is now under suspension. It is also submitted that prior to the filing of the charge sheet, in case if the copy of the enquiry reports is given to the petitioner, it will have an adverse effect in respect of request made by the respondents for granting sanction. It is further submitted that copy of the enquiry report will certainly be given to the petitioner, once the charge sheet is filed before the Court concerned.

3.Considering the above, this Writ Petition is disposed of directing the 1st respondent to hand over the copy of the enquiry reports, soon after the charge sheet is filed before the Court concerned . 25.09.2023 (2/4) NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.Ms.P.Amutha IAS, (High-Level Inquiry Officer), Home Departmental (presently in Home Department), Govt. of Tamil Nadu, 4/6

2.The Home Secretary, Govt.of Tamil Nadu, 3.The Inspector General of Police (South Zone), Office of the Inspector General of Police, Race Course, Natham Road, Madurai-625 002.