Supreme Court - Daily Orders
A.G. Ponn. Manickavel vs Bommi . on 6 April, 2017
Bench: N.V. Ramana, Prafulla C. Pant
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 1586-1589 OF 2007
A.G. PONN. MANICKAVEL Appellant(s)
Versus
BOMMI AND OTHERS Respondent(s)
O R D E R
1. We have heard learned counsel for the parties.
2. These appeals are filed questioning the interim order dated 14th September, 2005 wherein the Division Bench of the Madras High Court appointed Mr. Sangaram Jangid, I.P.S., Inspector General of Police, Law and Order, North Zone, Chennai to conduct an enquiry about the allegations made against the appellant herein about the encounter.
3. In these matters, permission was granted to file the special leave petitions and notice was issued on 26th September, 2005. Later on, leave was granted on Signature Not Verified Digitally signed by SUKHBIR PAUL KAUR 16th November, 2007 and now the appeals came up for Date: 2017.04.10 10:23:56 IST Reason: hearing, before us today.
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4. Learned counsel for the appellant has produced a letter dated 13th November, 2011 showing that the officer who was appointed to conduct the enquiry had expressed his inability to conduct the enquiry and also denied the allegations made against him. The said letter is taken on record. It reads thus:
CONFIDENTIAL From To S.R. Jangid, IPS, The Director General of Police, Addl. Director General of Police, Tamil Nadu, Chief Vigilance Officer, Mylapore, TNSTC (Madurai) Ltd. Chennai-4. Nagarcoil.
Dated 13.11.2011.
Sir, Sub : Enquiry against allegations of illegal detentions ordered by Hon’ble Madras High Court.
Ref: Special Leave Petition (Crl) No. 4842-4845/2005 ***** In the above subject, the Hon’ble Madras High Court had directed me to conduct an enquiry into alleged illegal detentions of some persons in Vallasaravakkam Police Station.
2) Protesting this, Thiru. A.G. Pon Manikavel, IPS., had filed SLP in the Hon’ble Supreme Court of India in the reference cited objecting the enquiry to be conducted by me.
3) I wish to state that I am not willing to conduct the above said enquiry. As I am not the party to writ, I request that my submission to exempt me from conducting the above enquiry may kindly be submitted before Hon’ble Apex Court by the Government Counsel.
4) However, I state that as already denied by the Government in their counter about the allegations leveled against me, I also deny the allegations leveled against me in Toto.
Yours sincerely, Sd/-
(S.R. Jangid) 3
5. On the other hand, learned counsel appearing on behalf of Respondent No.1 submits that the enquiry was already conducted by the Enquiry Officer and three witnesses were also examined.
6. However, in view of the subsequent developments which have taken place, we deem it proper not to pass any further orders in these appeals.
7. We, accordingly, dispose of these appeals with liberty to the parties to appear before the High Court and apprise about the subsequent developments, which have taken place. The report of the Principal District and Sessions Judge, Chengalpattu, which was summoned by this Court, be sent back to the High Court.
8. Both the parties are free to raise all contentions before the High Court.
.......................J. (N.V. RAMANA) .......................J. (PRAFULLA C. PANT) New Delhi, April 06, 2017 4 ITEM NO.101 COURT NO.10 SECTION IIC S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1586-1589/2007 A.G. PONN. MANICKAVEL Appellant(s) VERSUS BOMMI & ORS. Respondent(s) (with office report) Date : 06/04/2017 These appeals were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Appellant(s) Mr. R. Anand Padmanabhan, Adv. Mr. Romil Pathak, Adv.
Ms. Ananya Mukharjee, Adv.
Mr. Pramod Dayal,Adv.
For Respondent(s) For RR-1 Ms. Mahalakshmi Pavani, Sr.Adv.
Mr. G. Balaji,Adv.
Mr. M. Yogesh Kanna,Adv.
Ms. Nithya, Adv.
Ms. Maha Lakshmi, Adv.
Mr. Partha Sarathi, Adv.
UPON hearing the counsel the Court made the following O R D E R These appeals are disposed of in terms of the signed order.
[SUKHBIR PAUL KAUR] [S.S.R. KRISHNA] A.R.-CUM-P.S. ASSISTANT REGISTRAR (Signed order is placed on the file)