IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 5266 of 2009(S) ------------------------------------ SUO MOTU PROCEEDINGS INITIATED ON A PETITION RECEIVED FROM SRI.NIDHEESH LAL P., THRISSUR REGARDING ILLEGAL CUSTODY/TORTURE/DEPRIVATION OF MEDICAL TREATMENT BY POLICE PERSONNELS OF KODUNGALOOR POLICE STATION, THRISSUR. RESPONDENT(S): ------------------------ 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. BALACHANDRAN, SUB INSPECTOR OF POLICE, KODUNGALLOOR POLICE STATION, THRISSUR. 3. PRAVEEN KUMAR, PROBATIONARY S.I OF POLICE, KODUNGALLOOR POLICE STATION, THRISSUR. 4. TWO OTHER POLICE PERSONNNELS (NAMES NOT KNOWN) OF THE KODUNGALLOOR POLICE STATION, THRISSUR. 5. SRI. NIDHEESH LAL.P (PETITIONER MADE AS RESPONDENT), S/O. PRADEEP, RAMASHEDATH HOUSE, LOKHAMELESHWARAM VILLAGE, SHRINGAPURAM.P.O, KODUNGALLOOR, THRISSUR - 680 644. R1 BY GOVERNMENT PLEADER MR.S.U. NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.5266 of 2009 S -------------------------- JUDGMENT Based on a complaint received by a Honourable Judge of this Court, sent by a Dalit student, claiming to be a juvenile, alleging that he was physically tortured by Sub Inspector of Police, Kodungallur and four Constables, after taking him in illegal custody, suo motu proceedings were initiated as the allegations are serious. Deputy Superintendent of Police, Irinjalakuda submitted a detailed statement, which discloses that raising similar allegations, complaints were filed by the same person before State Human Rights Commission, Minister for Welfare of SC/ST Community as well as Police Complaint Authority, Thrissur and investigation of those cases were entrusted with Deputy Superintendent of Police, Crime Detachment, Thrissur, Circle Inspector of Police, Kodungallur and Deputy Superintendent of Police, District WPC 5266/09 2 Special Branch, Thrissur. Statement further discloses that based on the reports, entire allegations were examined by the Superintendent of Police, Thrissur along with Deputy Superintendent of Police and it was revealed that the allegations are false and raised without bona fides and at the instance of the local political leaders. In the light of the statement and for the reason that the very same allegations are being enquired into by State Human Rights Commission as well as Child Welfare Commission, Thrissur, it is not in the interest of justice to continue the suo motu proceedings. The suo motu proceedings is, therefore, dropped with liberty to the complainant Nidheesh Lal to seek appropriate remedy available under law. 3rd November, 2009 (M.Sasidharan Nambiar, Judge) tkv