Petition in Madras High Court seeks action against Police for torture of Advocate

Published on 03 Jan 2018 by Team

Image courtesy- Barandbench

A petition has been filed before the Madras High Court calling for punitive action against certain police officers in Tirunelveli district for alleged torture of an advocate, S Rajarethinam. The matter came up for hearing today before Justice T Raja.

Rajarethinam has contended that police officers forcefully entered his house and verbally abused him and his family on the night of November 3, 2017. When the petitioner’s wife tried to record the same, her phone was snatched away by the police. The petitioner was beaten and taken away against his will to Radhapuram Police Station, although the police had told his family that he was being taken to Valliyoor.The petitioner has alluded to his involvement in several human rights cases as the possible reason for his not being in the good books of the police personnel.

While in custody, the petitioner has submitted, he was made nude and tortured for hours with iron rods, lathis and what not. He was thereafter removed from Radhapuram Police Station to Uvari Police Station, during which time his sister moved a petition under Section 97 of the CrPC for issuance of a search warrant to find out where Rajarethinam was being kept.

An order was passed by the Judicial Magistrate at Valliyoor to discern the same. Consequently, the Rajarathinam was produced before the Magistrate on November 4 at around 10 pm. The Magistrate proceeded to pass an order recording that the police had not followed any of the provisions in Sections 41-B, 41-D, 50, 50A, 54, 55-A, 58 and 60 of Criminal Procedure Code while arresting Rajarathinam.

For the injuries allegedly sustained during police custody, the advocate had to undergo treatment at Tirunelveli Medical College Hospital, and thereafter, at a private facility in Nagercoil.

The petition states that whereas some of the police authorities found culpable were suspended consequently, four of the more senior police authorities concerned are yet to be proceeded against. Even as regards the suspended officers, the petitioner has contended that no disciplinary action is being taken against them. The instant petition was therefore moved calling on the initiation of disciplinary proceedings against all police officers found culpable.

The matter will be taken up next on January 8.

Source- Barandbench


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