The Supreme Court on Friday directed the Director General of Police, Tamil Nadu to file an affidavit explaining why the accused shown in the charge sheet filed in the Law College students clash incident as ‘absconding' were not arrested. A Bench of Justice B. Sudershan Reddy and Justice S.S. Nijjar gave this direction on a writ petition filed by K. Saravanan Karuppasamy, relating to the Dr. Ambedkar Law College incidents in November 2008 when two groups of students indulged in violent clashes on the college campus, even as police remained mute spectators. The petitioner had alleged that no action was taken by the police to prevent the clashes.
During the resumed hearing on Friday, senior counsel R. Shanmugasundaram, appearing for the State, submitted that charge sheets had been filed against 44 persons.
Counsel for the petitioner submitted that 11 persons had been shown as ‘absconding' accused, including one Amstrong, BSP State general secretary, who had contested the recent Assembly polls. They were yet to be arrested, he said.
Justice Reddy told State counsel “how is it an accused who had contested elections is shown as ‘absconding'. What about other absconding accused. Will you wait for warrants for arrest issued by the court? Is this the way the police are functioning in the State. We want your DGP to file an affidavit.” The Bench directed the matter to be listed after eight weeks.
The petitioner said that when the clashes broke out on the campus, the police did not intervene because it said that it had no complaint or permission from the college principal to enter the premises. In its counter, the Tamil Nadu government said that as a precautionary measure police were posted outside the college, but as the incident took place within the campus, the police could not immediately enter the premises. The State had already submitted copies of the reports of the Inquiry Commission and charge sheet as well as reports relating to departmental proceedings against the policemen concerned.
