The Madras High Court on Tuesday dismissed a habeas corpus petition challenging the “illegal detention” of terror suspect Fakrudeen.

The petition was filed by J.Abdul Rahim, general secretary of the Indian National League party, Chennai.

In the order, the Bench comprising Justices S.Rajeswaran and P.N.Prakash said that the Public Prosecutor had contended that when the police tried to secure Fakrudeen, he first resisted and when he was overpowered, he denied he was Fakrudeen. In such circumstances, it was imperative for the police to first satisfy themselves that they had apprehended the right person for which a minimum enquiry was essential. Effecting a formal arrest after satisfying themselves about the identity of the person could not be faulted with.

The Bench said it was holding that in the facts and circumstances of the case Veerakumar, Inspector, had rendered assistance in securing Fakrudeen and the actual arrest was done by Annadurai, another Inspector, later.

Referring to the petitioner counsel’s contention that the Judicial Magistrate had noted in the remand order that the eye of the detenu was found to be “swollen and reddish” which led to the inference that the arrested person was tortured, the Bench said it was unable to agree with the contention. That was because the detenu himself in his statement to the magistrate had made no complaint of ill-treatment by police and further he explained that the injury was sustained by him during a scuffle with the police at the time of arrest. In the face of this categorical admission, the court said it could infer that the detenu was tortured by police.

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