CHENNAI: A division bench of the Madras High Court on Tuesday ordered interim stay on the order constituting a one-man commission headed by retired judge V Parthiban to inquire into allegations of police torture against lawyers and law students during the arrest of sanitary workers of the Greater Chennai Corporation on August 14.
The bench consisting of justices J Nisha Banu and S Sounthar passed the orders after hearing a miscellaneous petition filed by joint commissioner of police Bandi Gangadhar, challenging the earlier interim order. The petition, filed through additional advocate general J Ravindran, stated that the interim order to form the commission was passed without giving the police an opportunity to respond to the allegations raised by advocate Aarthy and law student Valarmathi.
“The court had gone beyond the scope of the present habeas corpus petition and has unilaterally passed the order appointing the one-man commission when no case has been made out for the same,” the petition said.
Stating that the court had failed to consider the submissions of the police that the habeas corpus petition had become infructuous after the release of the 13 advocates and law students, the petition noted that none of the parties had prayed for appointment of the commission.
“The court cannot curtail the powers of the investigation of the state as provided by law by appointing the commission,” the petition said.
It submitted that the court had proceeded on the premise that the 13 lawyers and law students had gone to the protest site for rendering legal assistance which is “completely false” and the allegations of torture of the detenues were also false.
The petition further stated that Valarmathi escaped from a police vehicle opposite the Anna Salai police station at 12.45 am on August 14 and a case was registered against her for assaulting sub-inspector Rajeshwari. It denied the allegations of torture and not providing medical treatment, stating that Aarthy and Valarmathi were taken to Omandurar Estate hospital and they were not subjected to any form of physical torture by the police.