The Madras High Court on Tuesday dismissed a writ petition by a retired police Inspector seeking a direction to the authorities to pay him a compensation of Rs.10 lakh for arresting him after he called upon policemen to join a police officials association.
The court said the authorities had acted to avoid any upheaval in the police force on account of the call which emanated from an advertisement given by the retired official.
In his petition, N. Sengodan, said he retired as Inspector of Athur police station in Salem district on October 31, 1997. After his retirement, he started an association called the Tamil Nadu Police Officials Association. He issued an advertisement in a Tamil eveninger on December 8, 1997. Based on the advertisement, a complaint was lodged with the police on January 6, 1998.
A case was registered for an offence under Section 3 (incitement to disaffection) of the Police Act and Section 505 (i) (b) (Statements conducing to public mischief) IPC.
He was arrested and remanded to judicial custody. An order was passed on January 9, 1998, detaining him under the Goondas Act. Following the advisory board's recommendation, the government revoked the detention order. Alleging that the detention order was passed against him with mala fide intention, the petitioner filed the present petition.
Justice M. Jeyapaul said if any indiscipline sets in the uniformed force, the State would be incapacitated to maintain public order. Therefore, a case was registered. There could be no mala fide intention on the part of the authorities to malign the petitioner's reputation.
