Madras High Court appoints one-man panel to probe police brutality against detained lawyers, law students

The Madras High Court on Tuesday appointed a one-man commission to inquire into allegations of police brutality against detained lawyers and law students protesting the Greater Chennai Corporation’s decision to privatise conservancy services in two Chennai zones..A Bench of Justices MS Ramesh and V Lakshminarayanan directed the State Legal Services Authority to assist the commission headed by retired High Court judge Justice V Parthiban.The commission has been tasked with examining the allegations raised by both sides and submitting its report by the next date of the hearing, September 17.The Court further directed the Government of Tamil Nadu to immediately pay an initial honorarium of ₹2,00,000 to the one-man commission, through the Commissioner of Police..In August this year, sanitary workers of the Greater Chennai Corporation staged protests outside the Ripon Building, supported by some lawyers and law students. Following this, 13 of them were allegedly taken into custody by the police on August 13–14. Thereafter, a habeas corpus petition was filed, claiming unlawful detention and assault, particularly on Advocate Aarthy and law graduate Valarmathi. It was claimed that the duo was brutally attacked by several women police officers for several hours, resulting in one of them falling unconscious..While the police denied the claims, it filed cases against the protestors for rioting, damage to buses and assault on a woman constable. The Court noted in its order,"While the Police are entitled to arrest persons for infraction of laws, they are certainly not entitled to assault those who have been arrested."In order to ascertain whether the detention of the lawyers and law students was illegal, the Court formed a one-man panel to probe the issue. The question to be answered by the panel is:“Whether the detenues were assaulted by the Police, post their arrest?”.Advocate Ramesh Umapathy appeared for the petitioner.Additional Advocate General J Ravindran and Advocates R Muniyapparaj, and Santhosh appeared for the State..During a previous hearing in the matter, the Court had prima facie expressed doubts about the arrests and ordered the interim release of six detenues."We are of the prima facie view that the detention of 4 Lawyers and 2 Law Students by the Police may be unlawful. It is also brought to our notice that all the arrested persons have not been produced before the concerned Magistrate's Court for remand," the Bench had said in order passed last month..[Read Order]