Justices R Suresh Kumar and KK Ramakrishnan passed the order in a habeas corpus petition filed by Guru alias Paramaguru seeking the direction of the Superintendent of Police, Tiruchy to release his wife Saktheeswari (37) from the illegal custody of the police department. Saktheeswari was allegedly taken for inquiry in a case where Guru is an accused

A Bench of Justices R Suresh Kumar and KK Ramakrishnan passed the order in a habeas corpus petition filed by Guru alias Paramaguru seeking the direction of the Superintendent of Police, Tiruchy to release his wife Saktheeswari (37) from the illegal custody of the police department. Saktheeswari was allegedly taken for inquiry in a case where Guru is an accused.

During the previous hearing, the police produced Saktheeswari before the court where she claimed that her and her children’s life were at risk at the hands of the police department. The court, recording the allegations against the police, had directed the IGP South Zone Asra Garg to file a report. Pursuant to the direction, the Additional Public Prosecutor filed a report of the IGP.

On perusal of the report, the Court said there has been a complete violation on the part of the police in dealing with the matter as pointed out by IG Asra Garg. “Firstly, the summon issued to the woman was in violation of the provision to Section 160 CrPC. Secondly, three people were detained, including a woman and a child aged about 16 years, for more than 24 hours without the authority of the law. Thirdly, there has been an unwarranted registration of a criminal case against her and another person (Sethuraman) under Section 294 IPC to screen the detention,” the judges said, adding that it is an illegal detention of the woman and her son, she is free to seek remedial measures, including compensation from the forum concerned. Meanwhile, with regard to the criminal case registered against Guru, the police can proceed with the investigation further in compliance with the law.

The Court directed IGP, Central Zone, Tiruchy to take further action against the accused based on the three violations pointed out by Asra Garg and file a compliance report.