MADURAI: Alleging that Tamil Nadu police did not follow guidelines laid down by the Supreme Court while arresting YouTuber Felix Gerald, the Joint Action Against Custodial Torture, Tamil Nadu and Puducherry (JAACT) has appealed to Chief Minister M K Stalin to take action against the officers involved.
The outfit has alleged that Gerald was arrested by Tiruchy police in New Delhi and brought to Tamil Nadu without obtaining a transit warrant.
A press release signed by JAACT leaders stated, "Strict adherence to Section 41A of the Code of Criminal Procedure (CrPC) is now mandatory as per the direction of Supreme Court in the DK Basu v/s State of West Bengal case, as well as the standard operating procedure issued by former Director General of Police Sylendra Babu.
Redpix journalist Felix Gerald's arrest in Delhi without a warrant and non-obtaining a transit warrant in Delhi and his present incarceration are sufficient proof of gross violation of the law relating to arrest enshrined in the Criminal Procedure Code 1973.
These acts of Tamil Nadu police contravene Articles 20, 21 and 22 of the Constitution of India. All the offences against Felix Gerald in the case in which he was arrested and remanded do not have a sentence above seven years, hence his remand by the judicial magistrate Tiruchy is totally contrary to the directives of the apex court in Arnesh Kumar v/s State of Bihar."
JAACT urged Chief Minister MK Stalin to take disciplinary action against police inspector Veeramani and his team for the illegal arrest of Gerald as well as all higher officials including Tiruchy superintendent of police.
It also appealed to the Madras High Court to initiate disciplinary action against the judicial magistrate who remanded Felix to custody contrary to the directions of the apex court. Further, it demanded that the YouTuber be immediately shifted to another prison to provide security for his life.
Sources in Tiruchy police said, "The court was convinced when we pointed out the practical difficulties in obtaining a transit warrant in Delhi as only a small team of officers went there to arrest Felix. We submitted proof like the time of arrest, the travelling time, and the train ticket."
The sources added that elections in Delhi were one of the reasons for not obtaining a transit warrant.
