: The Madras High Court on Tuesday dismissed a petition by a rights forum seeking registration of a case of murder against policemen who killed one Pandi alias Dindigul Pandi at Neelankarai, near Chennai, in 2010.
The First Bench comprising the Chief Justice S.K.Kaul and Justice M.M.Sundresh passed the order on a petition by one P.Pugalenthi, director of Prisoners’ Rights Forum, Chennai.
In the affidavit, Tamilarasi of Katta Rowther Colony in Thanjavur district, said that on February 8, 2010, she came to know that his son, Pandi, an electrician, was killed along with one Guduvanchery Velu in an encounter at Neelankarai near here.
The police’s version that Pandi was killed in an encounter was false. She sought registration of a case of murder against the police concerned. The police submitted that there were 12 cases against Pandi including those for alleged offences of murder and attempt to murder. He had also been detained under the Goondas Act. Guduvanchery Velu was a henchman of Pandi. In its order, the Bench observed that the RDO had conducted an exhaustive enquiry. His report was also accepted by the government. The petitioner had not assailed the RDO’s report which had taken note of the statements of various persons and the government order.
Thus, the court said, it did not have any factual premise which would lead to a conclusion of an offence having been committed. An action of private defence could not be termed an offence. The petitioner was not in possession of the requisite facts. A complaint had been given only by the injured police personnel and based on it a case had been registered. There was no counter complaint implicating the Inspectors, B.Nandakumar and R.Mahendran. Every death could not be presumed to be a culpable homicide, the Bench said.
“Police version that Pandi was killed in an encounter was false”