- (1.) PETITION filed under Section 482 Cr.P.C seeking direction to the first respondent to pay a fair and just amount as compensation for the malicious and mischievous arrest, detention and prosecution and further direction ordering any other relief as this Honourable Court may consider fit and proper in the circumstances of this matter. The petitioner has filed the above Criminal Original for direction to the first respondent to pay a fair and just amount as compensation for the malicious and mischievous arrest, detention and prosecution and further direction ordering any other relief as this Honourable Court may consider fit and proper in the circumstances of this matter.
(2.) THE petitioner supporting his direction petition, has filed an affidavit in his name. THE petitioner states that he is a qualified doctor that the second respondent arrested and prosecuted him on a false, concocted case of procurement of medicine and other goods in Chennai City for the LTTE and to indulge in activities prejudicial to the security of the State has irrevocably damaged his life that this dishonest action of the second respondent put him to face the case in C.C.No,7493 of 1997 before the Court of XI Metropolitan Magistrate at Saidapet for offences under Section 120(B) of IPC and 13(2) of the Unlawful Activities Prevention Act of 1967 r/w.511 of IPC which ended in acquittal on September 1998. The petitioner further states that the terrorizing tactics of the second respondent has put him to grave suffering due to the custody for 30 days and a 12 months period of facing the trial. Thus, he has been forced to shoulder the stigma as an accused for a period of 18 months. Hence, the petitioner is approaching this Court for making the first respondent/State of Tamil Nadu, accountable for its callous functioning and unconcerned approach when his human rights violations by the police were visible and reported in the press and other media. Thus the petitioner contends he is entitled for monetary compensation and hence is placing the materials substantiating his claim. The petitioner states that he is a proud Indian Citizen and supporter of Srilankan Tamils and has never attempted to do any anti-National activity or help an unlawful organisation as alleged by the respondents. The petitioner states that he used to attend meetings in Periyar Thidal and got introduced to Mr.Eelavendan, a Srilankan Tamil refugee who is residing in Chennai and Mrs. Malini Devi Rasanayagam, an Australian Citizen who is the wife of a leading Orthopedic Surgeon. Mrs.Malini Devi Rasanayagam is a Tamilian, originally hailing from Srilanka and is settled in Australia. Upon seeing the news reports of Mrs. Malini Rasanayagm's meeting with the Chief Ministier, as she had donated Rs.50,000/- to Chief Minister's Relief Fund, the petitioner decided to help Mrs.Malini Rasanayagam when she wanted to provide medical help to Srilankan Tamil refugees staying in Tamil Nadu. She had requested the petitioner to enquire the prices of certain medicines by providing a list of medicines to be bought for organising a series of medical camps and to run a nursing home for serving the Tamil refugees at the petitioner's premises. The petitioner had given this list to medical shops in Annanagar with the intention of preparing a price list of medicines and medical equipment on 06.02.1997.
(3.) IT was subsequently requested by the second respondent to report for an enquiry with regard to the procurement of medicines for unlawful purposes. The petitioner appeared on 08.02.1997 before the second respondent and explained the said reason for the visits to medical shop. Subsequently, he was arrested. The learned Magistrate recorded his statement and remanded him. He was released on bail on March 7, 1997, thus he had been kept in jail for a period of one month. The petitioner submits that the charge sheet was filed by the second respondent on 14.12.1997 and the first respondent has also accorded sanction for prosecution through his letter Ms.No.1768 dated 05.12.1998, even though his name was not mentioned in the First Information Report filed by police. The matter was taken up as C.C.No,7493 of 1997 before the XI Metropolitan Magistrate at Saidapet and judgment pronounced on 08.09.1998, acquitting him of all the charges.;