1 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.10.2009 C O R A M: THE HONOURABLE MR.JUSTICE F.M.IBRAHIM KALIFULLA and THE HONOURABLE MRS.JUSTICE R.BANUMATHI W.P.Nos.3335, 3703, 3704, 3705 and 3910/2009 and Connected M.Ps. and M.P.S.Rs. & Crl.O.P.Nos.4085, 4287 and 4434/2009 W.P.No.3335 of 2009 (Suo Motu Taken up (PIL) WP) 1. The Chief Secretary to the Government of Tamil Nadu Fort Saint George, Chennai – 9 2. The Home Secretary to Government, Fort Saint George, Chennai – 9 3. The Director General of Police, Chennai – 4 4. The Commissioner of Police, Greater Chennai, Chennai – 8. 5. The Secretary, Union of India, Department of Personnel and Training, New Delhi – 1 6. The Director, Central Bureau of Investigation, Shastri Bhavan, Chennai. 7. The Registrar General, High Court, Madras. 2 8. The Advocate General, High Court, Madras. 9. The Additional Solicitor General of India. High Court, Madras. 10.The Secretary, Bar Council of Tamil Nadu & Pondicherry, High Court Buildings, Madras. 11.The Secretary, Madras Bar Association, High Court, Madras. 12.The Secretary, Madras High Court Advocates Association, High Court, Madras. 13.The Secretary, Women Lawyers Association, High Court, Madras. 14.The Secretary, Law Association, High Court, Madras. 15.The Secretary, Tamil Nadu Advocates Association, High Court, Madras. W.P.No.3703 of 2009 Women Lawyers' Association rep. By Ms.V.Nalini, Secretary, High Court Building, Chennai – 600 104. ... Petitioner Vs. 1. Government of Tamil Nadu, rep. By Secretary, Home Dept. Secretariat, Fort St. George, Chennai – 600 009. 2. The Director General of Police, Office of the DGP, Kamarajar Salai, Chennai – 600 004. 3 3. The Inspector of Police, B-2 Esplanade Police Station, Chennai – 600 104. ... Respondents W.P.No.3704 of 2009 M.Velmurugan Secretary, Madras High Court Advocate Association, High Court buildings, Madras- 600 104. ... Petitioner Vs. 1. The State of Tamil Nadu Rep. by its Secretary, Home Department, Fort St. George, Madras – 600 009. 2. The Commissioner of Police, Egmore, Chennai – 600 008. 3. The Director General of Police, Kamaraj Salai, Madras – 5. 4. The Joint Commissioner of Police, North Chennai, Madras. 5. The Addl. Commissioner of Police, Rajaji Salai, Madras – 8 6. The Assistant Commissioner of Police, North Madras, Rajaji Salai, Madras – 1 7. K.P. Jain, IPS, Office of the Director General of Police, Kamaraj Salai, Madras – 5. 8. K. Radhakrishnan, IPS Office of the Commissioner of Police, Egmore, Chennai – 600 008. 9. Ramasubramaniam, IPS The Joint Commissioner of Police, North Chennai, Madras. 10.A.K.Vishwanathan, Office of the Addl. Commissioner of Police, North, Madras – 600 001. ... Respondents 4 W.P.No.3705 of 2009 The Madras High Court Advocates Association represented by its President Mr.R.C. Paul Kangaraj High Court Buildings, Chennai – 600 104. ... Petitioner Vs. 1. The Union of India, Rep. by its Secretary to Government, Ministry of Home Affairs, New Delhi. 2. The State of Tamil Nadu Rep. By its Chief Secretary, Fort St. George, Chennai – 600 009. 3. Secretary to Government, Home, Excise & Prohibition Department, Government of Tamil Nadu, Fort St. George, Chennai – 600 009. 4. Ms. S.Malathi, Principal Secretary to Government, Home, Excise & Prohibition Department, Fort St. George, Chennai – 600 009. 5. The Director General of Police, Office of the Director General of Police, Kamaraj Salai, Chennai – 600 005. 6. Mr.K.P.Jain, Director General of Police, Kamaraj Salai, Chennai – 600 005. 7. The Commissioner of Police, Office of the Commissioner of Police, Egmore, Chennai – 600 008. 8. Mr.K.Radhakrishnan Commissioner of Police, Chennai City, Egmore, Chennai – 600 008. 9. Mr.T.Rajendran, Additional Director General of Police, (Law and Order) Chennai – 600 005. 5 10.Mr.A.K.Viswanathan Additional Commissioner of Police, Chennai – 600 009. 11.J.Ramasubramani Joint Commissioner of Police (Chennai North), Presently DIG, Coimbatore Range. Coimbatore. 12.The Registrar General, High Court, Madras. 13.The Central Bureau of Investigation, Represented by its Director, New Delhi. ... Respondents W.P.No.3910 of 2009 The Tamil Nadu Advocate's Association, rep. by its Joint Secretary, No.196, New Addl. Law Chambers, High Court, Chennai – 600 104 ... Petitioner Vs. 1.The Chief Secretary, State of Tamil Nadu, Secretariat, Fort St. George, Chennai – 600 009. 2.The Director General of Police, Kamarajar Salai, Chennai 3.R.Radhakrishnan, Commissioner of Police, Chennai O/o, The Commissioner of Police, Egmore, Chennai - 600 008. 4.Anup Jaiswal, Additional Director General of Police, (Intelligence) O/o. The Director General of Police, Mylapore, Chennai – 600 004. 5.K.Viswanathan, Additional Commissioner of Police, Chennai. O/o. The Commissioner of Police, Egmore, Chennai – 600 008. 6.T.Rajendran, Additional Commissioner of Police, Chennai O/o. The Commissioner of Police, Egmore, Chennai – 600 008. 6 7.Sunil Kumar, Additional Commissioner of Police, (Traffic) Chennai. O/o. The Commissioner of Police, Egmore, Chennai – 600 008. 8.Ramasubramaniam, Joint Commissioner of Police, (North Chennai) O/o. The Commissioner of Police, Egmore, Chennai – 600 008. 9.Sandeep Roy Rathode, Joint Commissioner of Police, (Central Chennai) O/o. The Commissioner of Police, Egmore, Chennai – 600 008. 10.Gunaseelan, Joint Commissioner of Police, (Central Chennai) O/o. The Commissioner of Police, Egmore, Chennai – 600 008. 11.M.C.Sarangan, Deputy Commissioner of Police, Kilpauk District, G-3, Kilpauk Police Station Campus, Chennai. 12.Prem Anand Sinha, Deputy Commissioner of Police, Flower Bazaar District, B-1, North Beach Police Station Campus, Chennai. 13.Paneerselvam, Deputy Commissioner of Police, Pulainthope District. P-2, Otteri Police Station Campus, Chennai. 14.T.S.Anbu, Deputy Commissioner of Police, Anna Nagar District, K-4, Anna Nagar Police Station Campus, Chennai 15.Sridar, Deputy Commissioner of Police, Adyar District, J-2, Adyar Police Station Campus, Chennai. 16.Joshi Nirmal Kumar, Deputy Commissioner of Police, (Traffic South) Chennai. 7 17.Thirugnanam, Deputy Commissioner of Police, (Traffic North) G-3, Kilpauk Police Station Campus, Chennai. ... Respondents CRL.OP.No.4085 of 2009 S.Doraisamy, Advocate, No. 223, N.S.C.Bose Road, Y.M.C.A.Building, 2nd Floor, Chennai – 600 001. ... Petitioner Vs. 1. The Deputy Superintendent of Police, Central Bureau of Investigation, Rajaji Bhavan, Chennai. 2. State: Inspector of Police, B-2, Police Station, Esplanade, Chennai – 104. ... Respondents CRL.OP.No.4287 of 2009 Mr.S.Sivakumar ... Petitioner Vs. 1. The State of Tamil Nadu, rep. by Inspector of Police, High Court Police Station, now closed and functioning at West Side Gate Entrance of the High Court of Madras i.e. B.2 Esplanade Police Station, Chennai – 600 104. 2. The Union of India, rep. by its Chief Investigating Officer and Superintendent of Police, Central Bureau of Investigation (Special Investigation Team) C. Wing A. Block. III Floor, SCB Annx, Rajaji Bhawan Besant Nagar, Chennai – 600 090. ... Respondents CRL.OP.No.4434 of 2009 JB Solomon Peter Kamaladoss ... Petitioner Vs. The Inspector of Police, B2-Esplanade Police Station, Chennai-600 001. ... Respondents 8 PRAYER IN W.P.No.3703 of 2009: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of Mandamus to take legal measures to adjudicate and take further action regarding the violence and incidents that took place on 19.02.2009 and consequently take criminal action by registering FIR against all the police personnel who were deployed for the said purpose and compensate for the damages to life and property of the lawyers and other persons inside the court campus and grant such other reliefs. PRAYER IN W.P.No.3704 of 2009: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of Mandamus to direct the 1st respondent to initiate penal action against the respondents 7 to 10 and the Swift Action Force under the provisions of Unlawful Activities (prevention) Act, 1967, as amended by Act 35 of 2008, and further recover the damage done to properties of the State and the public from them by appointing an assessor/ Valuer. PRAYER IN W.P.No.3705 of 2009: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of Mandamus to direct the respondents 2 and 3 immediately initiate appropriate proceedings, both criminal and disciplinary against respondents 6, 8- 11 and their subordinates concerned who had a role to play in the police atrocities within and in proximity to the High Court premises on 19.02.2009, direct investigation and prosecution by the Central Bureau of Investigation, the 13th respondent herein in regard to the said incidents, direct payment of Rs.5,00,000/- as compensation to each victim of police brutality, compensation for damage and loss to property, both public and private. 9 PRAYER IN W.P.NO.3910 of 2009: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of Mandamus to direct the 2nd respondent to furnish a list of police officers and subordinate police personnel who had indulged in unleashing terror inside the High Court campus on 19.02.2009 to this Hon'ble Court at the earliest point of time as may be fixed by this Hon'ble Court, pending disposal of the above Writ Petition. PRAYER IN CRL.OP.No.4085 of 2009: Criminal Original Petition filed under Section 482 of Cr.P.C praying to register a case on the complaint given by the Petitioner dated 21.02.2009 on the file of the 2nd respondent and to arrest all the accused and proceed with the investigation according to law. PRAYER IN CRL.OP.No.4287 of 2009: Criminal Original Petition filed under Section 482 of Cr.P.C to issue (a) direction to register the complaint of the Petitioner dated 14.03.2009 by the first respondent to register a case and record his evidence/statement of the attack against him and further; (b) To Conduct fresh enquiry by the second respondent with the petitioner to record his statement in connection with the attack on him on 19.02.2009 with the narrated the facts and other circumstances of the case.