LALITHA Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) AN order was pronounced on 3-5-1988, directing the issuance of a writ of habeas corpus to the respondents commanding them to produce Vadivelu, who has been admittedly taken into custody by respondents 3 to 6, before this Court on 11th July 1988, and file return. At that stage, we observed."In view of this direction, we are not issuing any other direction with regard to the plea for costs and compensation at this stage." *Thereafter, this matter was called on 29-7-1988, on which date respondents 3 to 6 appeared. The present Inspector of Police, Kanchipuram Taluk filed an affidavit stating -

(2.) SO far as the plea of the respondents that Vadivelu, the alleged detenu, was released on the afternoon of 5-3-1985 and that he is absconding is concerned, we have already given our finding in paragraph 29 of the earlier order dated 3-5-1988 repelling the said plea and observing" *For all discussions made above, we without any compunction on our part hold that the explanation given by the respondents that Vadivelu had been let off from the police station on the evening of 5-3-1985, that they did not know as to what happened to him and that Vadivelu might be absconding fearing prosecution in the double murder case, is not at all convincing, satisfactory and acceptable. It is for respondents 3 to 6, who had taken Vadivelu into custody to give an acceptable and satisfactory explanation as regards the whereabouts of Vadivelu or as to what has happened to him, especially when there are abundant materials to draw the legitimate inference that there was something despicable in the conduct of respondents 3 to 6, in that they would not have let him off after they had secured him with great difficulty. "In view of the above observations, we are of the view of that the respondents 3 to 6 cannot escape their responsibility by merely repeating that the alleged detenu is still absconding and they have to face the consequences arising out of the facts and circumstances of the case. For all the reasons given above, we direct the Director General of Police, Madras, to direct the concerned C.B. C.I.D. to register a case on the missing of Vadivelu from 5-3-1985, who was admittedly taken into custody as pointed out in the order and investigate the matter and take proper action according to law.