Madras High Court
M.Saravana Kumar vs The State Of Tamil Nadu on 4 February, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
2025:MHC:320
W.P.No.3950 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.3950, 3968, 4048 & 4107 of 2025 and Crl.O.P.No.2937 of 2025
W.M.P.Nos.4392, 4417, 4419, 4421, 4594 & 4612 of 2025
W.P.No.3950 of 2025 :-
M.Saravana Kumar ... Petitioner
-Vs-
1. The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Home (Police) Department,
Secretariat,
Chennai – 600 009.
2. The Director General of Police,
Head of Police Force,
Mylapore,
Chennai – 600 004.
3. The Special Investigation Team,
O/o. Deputy Commissioner of Police,
Prison's Building,
Egmore, Chennai – 600 008.
(Crime No.107 of 2024)
4. The Inspector of Police,
All Women Police Station,
Kotturpuram,
Chennai – 600 085 ... Respondents
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https://www.mhc.tn.gov.in/judis
W.P.No.3950 of 2025
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, forbearing the third respondent/SIT from
harassing the petitioner in the guise of an enquiry in connection with Crime
No.107 of 2024 on the file of Chennai East Zone, Cyber Crime Police
Station, without following due process of law.
For Petitioners
In W.P.No.3950 of 2025 : Mr.M.R.Jothimanian
In W.P.No.3968 of 2025 : Mr.K.Balu
In W.P.No.4107 of 2025 : Mr.K.Elangovan
In W.P.No.4048 of 2025 : Mr.C.Arun Kumar
In Crl.O.P.No.2937of 2025 : Mr.R.Vivekananthan
For Respondents
in all petitions : Mr.K.M.D.Muhilan
Government Advocate (Crl. Side)
COMMON ORDER
All these writ petitions have been filed for direction forbearing the Special Investigation Team from harassing the petitioners in the guise of an enquiry pursuant to the registration of FIR in Crime No.107 of 2024 on the file of the Special Investigation Team, Chennai East Zone, Cyber Crime Police Station, without following due process of law. The Criminal Original Petition has been filed for direction to direct the respondent police not to harass the petitioners in the guise of an enquiry in connection with crime No.107 of 2024 on the file of the second respondent except due process of law.
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2. The issue in all these petitions is one and the same and as such this Court is inclined to pass a common order.
3. All the petitioners are the reporters of their respective news channels and the Chennai Press Club consisting the members including Reporters, Sub-editors, Photographers, Cameramen, Proof Readers, Lay-out artists etc., working as reporters for their respective news paper, magazine, television news channels in Tamil Nadu. On 23.12.2024, within the campus of Anna University situated at Guindy, Chennai, a second year engineering student was allegedly sexually assaulted by the accused. In pursuant to the complaint, the Inspector of Police, All Women Police Station, Kotturpuram, Chennai, registered a FIR in Crime No.3 of 2024 for the offences punishable under Sections 63(a), 64(1), 75(i)(ii) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS”). In pursuant to the registration of the FIR, one accused was arrested and remanded to judicial custody.
4. While the investigation is under progress, the FIR was uploaded in the public domain of Tamil Nadu police website called Crime and Criminal Tracking Network and Systems (hereinafter referred to as Page 3 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 “CCTNS”). After uploading in the public domain, it was downloaded by various persons from the public domain thereby the identity of the victim was revealed and breached her right to privacy. Therefore, the Public Interest Litigation petitions were filed in W.P.Nos.39893 & 39895 of 2024 before this Court. The Hon'ble Division Bench of this Court by an order dated 28.12.2024, concluded as follows :-
“29. In view of the facts and circumstances, this Court is inclined to issue the following directions:
(1)All Women Special Investigation Team comprising Dr.Bhukya Sneha Priya, I.P.S., Deputy Commissioner of Police, Anna Nagar District, Ms.Ayman Jamal, I.P.S., Deputy Commissioner of Police, Avadi and Ms.S.Brinda, I.P.S., Deputy Commissioner of Police, Salem City is constituted to take up the investigation in right earnest, and conclude the same by filing charge sheet in two criminal cases registered in Crime No.3 of 2024 on the file of All Women Police Station, Kotturpuram, Chennai and Crime No.107 of 2024 on the file of Chennai East Zone Cyber Crime Police Station. All Women Special Investigation Team shall not allow any offenders to go scot free irrespective of their official position and how so high they are in the society.
(2)The Director General of Police is directed to provide all necessary assistances to the Special Investigation Page 4 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 Team, enabling the team to conduct investigation, file charge sheet and proceed with the trial before the Competent Court.
(3)The Director General of Police is directed to provide interim protection to the victim girl and to her family members.
(4)The Government of Tamil Nadu is directed to pay an interim compensation of Rs.25,00,000/- [Rupees Twenty Five Lakhs Only] to the victim girl immediately, for the lapses by the Police Department in paving way for leaking FIR and for the trauma undergone by the victim girl and by her family members. The interim compensation granted by this Court will not be a bar for the victim to claim further compensation under relevant law. The compensation to be paid by the State Government can be recovered from all officials, persons, who all are responsible and accountable for leaking of FIR and for commission of lapses, dereliction of duty or negligence etc. (5)The Anna University Administration is directed to allow the victim girl to continue her education and complete the course without collecting any fees including tuition fees, hostel fees, exam fees, mess charges, etc. (6)The Anna University Administration is directed to provide counselling to the victim girl enabling her to pursue her education successfully and with merits.Page 5 of 26
https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 (7)The respondents 1 to 3 are directed to ensure protection of FIRs in such nature of sensitive cases by adopting full proof procedures as contemplated under statues and as per guidelines issued by the Constitutional Courts.
(8)The respondents are directed to remove all the details and references to the name of the victim from all social media forum and electronic media forthwith.
(9)The respondents 1 and 2 are directed to conduct a departmental inquiry regarding leaking of FIR and initiate departmental disciplinary proceedings against the officials, who all are responsible and accountable for lapses, negligence and dereliction of duty under relevant service rules.”
5. Accordingly, this Court constituted a Special Investigation Team consisting three women IPS officers, who are holding the post of Deputy Commissioner of Police under various city corporation to take up the investigation in crime No.3 of 2024 on the file of the All Women Police Station, Kotturpuram, Chennai and another FIR registered in Crime No.107 of 2024 on the file of the Chennai East Zone Cyber Crime Police Station for the offences under Section 72 of BNS and 67A of the Information Technology Act.
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6. Aggrieved by the directions issued by this Court, the government of Tamil Nadu filed an appeal before the Hon'ble Supreme Court of India in S.L.P.Nos.1027 & 1028 of 2025. The Hon'ble Supreme Court of India by an order dated 27.01.2025, stayed the portion of the order in paragraph Nos.20, 21, 23 as well as direction No.(9) of paragraph 29 of the order passed by this Court in W.P.Nos. 39893 & 39895 of 2024 dated 28.12.2024. Insofar as the other directions issued by this Court, the same are intact.
7. As per the other directions issued by this Court, now the Special Investigation Team has been constituted and the said team has taken up the investigation in Crime No.3 of 2024 and 107 of 2024. While the Special Investigation Team issued summons to the petitioners under Sections 179 & 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”), for recording their statement and for production of documents if any, and also directed the petitioners to bring along with devices' necessary in relation to the case relation to the case registered in Crime No.107 of 2024, for the offence under Section 72 of BNS and 67A of the Information Page 7 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 Technology Act. On 28.01.2025, the Special Investigation Team directed the petitioners to appear before the Special Investigation Team in 29.01.2025. On the summons, the petitioners appeared on 29.01.2025 and once again they were issued summon to appear on 31.01.2025. On 31.01.2025, once again the petitioners were issued with summons, thereby called upon the petitioners to appear before the Special Investigation Team on 05.02.2025.
8. The learned respective counsel appearing for the petitioners would submit that the petitioners are no way connected with the allegation of uploading the FIR that too with the identity of the victim in the public domain. Even then, they were called upon to appear before the Special Investigation Team for recording their statement that too along with their devices. The petitioners and other reporters in the news channel as well as in the social media reported that the police is not properly investigated the case. Therefore, in the guise of enquiry, all the petitioners were served with summons to harass them.
8.1. Further, some of the petitioners' cell phone were also seized by the Special Investigation Team without any reasons and without following Page 8 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 any procedure as contemplated under the BNSS. They further submitted that the petitioners never reported or never disclosed any of the identity of the victim girl in Crime No.3 of 2024 in the social media or in any television news channel. FIR in Crime No.3 of 2024 was uploaded in the public domain only through the police personnel. Therefore, no one was responsible for the uploading of FIR in the public domain. Further no social media or any Television New Channel has caused any hindrance to the investigation or interrogation or any form of enquiry conducted by the Special Investigation Team. The petitioners are ready and to cooperate with the investigation done by the Special Investigation Team in pursuant to the registration of FIR in Crime No.107 of 2024. However, the Special Investigation Team and their subordinates were acted totally against the freedom of press and media and they unnecessarily questioned them with irrelevant information.
8.2. That apart, they issued questionnaire consisting about the details of their forefather, grandfathers, great grandfathers and other family members details source of income. These are all irrelevant questions and no way connected to the case registered in crime No.107 of 2024. Therefore, they were put to mental agony and are facing harassment at the hands of the Page 9 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 Special Investigation Team. It is clear violation of freedom of speech and expression and the right of the journalist as enshrined under Article 19(1)(a) of the Constitution of India. They further submitted that once the FIR uploaded in the public domain in the Tamil Nadu Police web portal viz., CCTNS, there is no need to circulate the FIR in the social media by revealing the identity of the victim along with address and phone number of the victim to the public at large.
8.3. In fact, the person who is the author of the FIR should not upload the FIR, relating to the offence which are sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under POCSO Act and crime against women etc. The seizure of the electronic devices primarily used by the petitioners is in violation of right to privacy and right against self-incrimination guaranteed under Article 20(3) and 21 of the Constitution of India.
8.4. They further submitted that under the guise of investigation, the petitioners were detained by the investigation officer for the entire day and also raised irrelevant questions and abused them in harsh words. They were Page 10 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 also threatened that mobile phone will be seized by them unless they provide screenshot of news items circulated by one of the crime reporter. They further submitted that the petitioners are not supposed to disclose the source of information as per Section 15(2) of the Press Council Act. Even then, the investigation agency compelled the petitioners to produce their devices and seized the same. In fact, those devices had no information relating to the registration of FIR and uploading the FIR in the public domain.
8.5. The learned counsel appearing for the petitioners relied upon the judgement reported in 2023 (11) SCC 401 in case of Manohar Lal Sharma Vs. Union of India in which, the Hon'ble Supreme Court of India held as follows :-
“44. An important and necessary corollary of such a right is to ensure the protection of sources of information. Protection of journalistic sources is one of the basic conditions for the freedom of the press. Without such protection, sources may be deterred from assisting the press in informing the public on matters of public interest.
45. Having regard to the importance of the protection of journalistic sources for press freedom in a democratic society and the potential chilling effect that snooping techniques may Page 11 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 have, this Court’s task in the present matter, where certain grave allegations of infringement of the rights of the citizens of the country have been raised, assumes great significance. In this light, this Court is compelled to take up the cause to determine the truth and get to the bottom of the allegations made herein.”
9. The learned Government Advocate (Crl. Side) on written instruction submitted that as directed by the Hon'ble Division Bench of this Court in W.P.Nos.39893 & 39895 of 2024, Special Investigation Team took up the investigation in Crime No.3 of 2024 registered for the offence under Sections 63(a), 64(1), 75(i)(ii) of the BNS, and Crime No.107 of 2024 registered for the offence under Section 72 of BNS and 67A of the Information Technology Act. While investigation, the petitioners were served summons as contemplated under Sections 179 & 94 of the BNSS, for the purpose of recording their statement and for production of documents, if any and bring along with their devices necessary in relation to the case in crime No.107 of 2024. The petitioners were never harassed and they were never kept under any detention. It is routine process during the investigation to ask about their family background in order to ascertain their antecedent. Therefore the issuance of summon calling upon the petitioners to appear for Page 12 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 enquiry is permissible under law. Further, the petitioners were not at any point of time harassed by the investigation officer and they were treated in a decent manner. There was some delay to enquire them due to administrative reasons. It would not amount to any harassment by the investigation officer. Further, he assured that they will not harass the petitioners in any manner at the time of investigation. Due to administrative reasons, the petitioners were directed to appear for investigation, and the investigation was not completed and as such the petitioners were directed to appear for enquiry on 05.02.2025 at 11 hours.
10. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
11. The petitioners are not accused in Crime No.107 of 2024. All the petitioners are reporters, journalists and crime reporters of their respective television news channels and news papers etc. In pursuant to directions issued by the Hon'ble Division Bench of this Court in W.P.Nos. 39893 & 39895 of 2024, the Special Investigation Team took up the investigation in Crime No.3 of 2024 registered for the offence under Sections Page 13 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 63(a), 64(1), 75(i)(ii) of the BNS, and Crime No.107 of 2024 registered for the offence under Section 72 of BNS and 67A of the Information Technology Act. In the guise of enquiry the petitioners were issued summons under Sections 179 & 94 of the BNSS.
12. Initially, the petitioners were directed to appear for enquiry on 29.01.2025. In fact, the summon dated 28.01.2025 served on them and on the same day thereby directed the petitioners to appear for enquiry on 29.01.2025. The petitioners were appeared before the Special Investigation Team. However there was no enquiry conducted on 29.01.2025. Once again, the petitioner were directed to appear for enquiry on 31.01.2025. On that day also there was no enquiry and thereafter, they were directed to appear for investigation on 05.02.2025 at 11 hours.
13. The petitioners are being reporters and journalist, they were repeatedly directed to appear before the investigation team and it would amount to one way of harassment. They were repeatedly called for enquiry only because of publishing the news item in the newspaper and news television channel, with regard to uploading the FIR in the public domain in Page 14 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 the case relating to sexual offence and also press meeting conducted by the Commissioner of Police, Chennai Corporation. Those news items let to the Special Investigation Team to summon the petitioners for investigation.
14. It is relevant to rely upon the observation made by the Hon'ble Division Bench of this Court in the case of R.Varalakshmi Vs. The Government of Tamil Nadu & ors, in W.P.Nos.39892 & 39895 of 2024 dated 28.12.2024 as follows :-
“20. At the initial stage of investigation, the Commissioner of Police, Chennai gave a press interview to the media. The Commissioner of Police, Chennai disclosed that one accused person is involved in the crime. Further, he revealed that FIR was not leaked by the Police and the leakage of FIR was due to technical glitches while registering and uploading the FIR in CCTNS. The Commissioner of Police further revealed that the accused's cellphone was in flight mode and the reference to another person in the FIR as 'SIR' was made to threaten the victim girl. The vital informations regarding the scene of crime disclosed by the Commissioner of Police through a press interview to the media, undoubtedly would cause prejudice to further investigation and hamper the investigation. The Investigating Officer, subordinate to the Commissioner of Police, may not be in a position to conduct Page 15 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 further investigation in a free and fair manner. Thus change of investigation from the subordinate officials of the Commissioner of Police, Chennai become inevitable.
21. The details of the FIR leaked in public showcases the deplorable language employed in the FIR paving way for victim blaming. Further, the Commissioner during press meet disclosed that the FIR will be drafted as exactly given by the complainant and hence, it was recorded as stated by the victim. But the language employed in the FIR is shocking, as it is, more a case of victim blaming. Even at the time of receiving complaint, counselling must have been provided by the officials concerned, so as to understand the clear picture about the incident in order to eliminate the trauma already caused to the victim girl by the accused person. The complaint and the FIR could have been drafted in such a way as to protect the dignity of the victim. It is the duty of the Police official receiving the complaint to assist the victim by employing a language, which does not infringe her right to dignity. Rather using words/phrases, insinuating the woman's character and berating her dignity is uncalled for. This could have been avoided by appropriate choice of words without violating her right to dignity ............
23. This Court is of the considered opinion that the press Page 16 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 conference invited by the Commissioner of Police, Chennai without obtaining prior permission from the Government does not fall under any of the exclusion clauses under the Rules.
Therefore, the Government has to examine and initiate all appropriate actions against the Commissioner of Police, Chennai, if required, under the relevant law. The press conference called for by the Commissioner of Police, Chennai within two days after the incident and disclosing certain important facts in the public domain is highly unwarranted. Therefore, the Government has to take a call and initiate all appropriate actions.” Thus it is clear that the FIR registered in Crime No.3 of 2024 was uploaded by the Police personnel such as the author of the FIR viz., the Inspector of Police, All Women Police Station, Kotturpuram, Chennai.
15. That apart, in a press meeting, the Commissioner of Police, Greater Chennai Corporation disclosed that one accused person involved and leakage of FIR was due to technical glitches while uploading the FIR in CCTNS. Further the Commissioner of Police, Greater Chennai Corporation also revealed the cell phone number of the accused and the person who threatened the victim girl was referred. Therefore, the FIR was uploaded in the police official web portal viz., CCTNS by the police personnel and Page 17 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 subsequently it can be downloaded by anybody. Further the petitioners are being the reporters and journalist etc., they had no role to play while uploaded or forwarding the FIR in the Police official web portal or to the social media.
16. It is also seen that there is absolutely no material to show that the petitioners published any news or telecast in their respective news television channel or news journal, in respect of the identity of the victim girl and FIR in Crime No.3 of 2024. They published the news items and disclosed the news in the television news channel about the interview given by the Commissioner of Police and also registration of case as against the accused person.
17. In fact, after interview given by the Commissioner of Police, Grater Chennai Corporation, all the television news channels and the news papers had published the news about the interview given by the Commissioner of Police. Therefore, the petitioners are nothing to do with the uploading of the FIR or forwarding the same in the social media. Further the Special Investigation Team can investigate the case in order to find out the Page 18 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 truth. No one can prevent the investigation officer to investigate the case. Normally the Court never interfere with the investigation done by the investigation agency. At the same time, the investigation must be done in accordance with law. The provisions under Sections 179 & 94 of the BNSS, did not permit the investigation agency to acquire personal details of the person to be investigated.
18. On perusal of the questionnaire served on the petitioners revealed that most of the questions were found in relation to the private information about the petitioners and it is clear violation of right to privacy guaranteed under the Constitution of India. The private information such as their social media handles, personal details of their friends, relatives, kith and kin, their confidential sources, etc. The privacy is an essential part of human dignity and personal liberty, which protects an individual's freemdom to make choice and control their life. As held by the Hon'ble Supreme Court of India in the case of K.S.Puttaswamy (Retd) Vs. Union of India, reported in 2019(1) SCC 1, held that right to privacy protects the citizens against arbitrary state surveillance, and therefore the journalists and reporters who constitute the fourth pillar of the constitution are no exception to it. Page 19 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025
19. Further the Hon'ble Supreme Court of India in case of Manohar Lal Sharma Vs. Union of India reported in 2023 (11) SCC 401 had emphasised that even a lawful encroachment on the right to privacy has to be proportional to the purpose of the law. Further recognised the link between the right to privacy and freedom of speech nothing that a breach of privacy can lead to self-censorship. Press freedom and privacy were allies and that the fear of surveillance is as assault on the press, which is the fourth pillar of democracy. Therefore, in the guise of investigation, seizing the petitioners' mobile phone, forcing them to provide access to their personal and private data and asking them to reveal private and confidential information, is nothing but assaulting the press and oppress them with the fear of surveillance.
20. Further the source of informations received or reported by that news agency are falls under the purview of previleged communication in accordance to the Section 15(2) of the Press Council Act. Therefore, seizure of device which would result in disclosure of source of information. It is relevant to extract the provisions of Section 15(2) of the Press Council Act as Page 20 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 follows :-
15(2) Nothing in sub-section (1) shall be deemed to compel any newspaper, news agency, editor or journalist to disclose the source of any news or information published by that newspaper or received or reported by that news agency, editor or journalist.” Even then, the investigation officer seized the cell phone from the petitioners that too without any information contained in their devices. As stated supra, the petitioners never uploaded the FIR or forwarded the FIR to social media.
Therefore, the investigation officer ought not to have seized the cell phone from the petitioners. It is clear violation of Section 15(2) of the Press Council Act.
21. During the investigation, the Special Investigation Team did not even enquire the author of the FIR and the persons who had uploaded the FIR in the official portal viz., CCTS. Further they were not issued any summons and they were not issued with any questionnaire as issued to the petitioners. It is very unfortunate to state that police person simply said that due to technical glitches, while registering the FIR, the FIR was uploaded in the Police official web portal. Therefore, without even examining the person Page 21 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 who had uploaded the FIR in the official website and the person who authored the FIR, they enquired the petitioners. Further without any authorization of the author of the FIR, the FIR could not have been uploaded in the official website.
22. The Hon'ble Supreme Court of India in another judgement reported in 2016 (9) SCC 473 in the case of Youth Bar Association of India Vs. Union of India and ors., held as follows:-
“12..........
(d) The copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under POCSO Act and such other offences, should be uploaded on the police website, and if there is no such website, on the official website of the State Government, within twenty-four hours of the registration of the First Information Report so that the accused or any person connected with the same can download the FIR and file appropriate application before the Court as per law for redressal of his grievances. It may be clarified here that in case there is connectivity problems due to geographical location or there is some other unavoidable difficulty, the time can be extended up to forty-eight hours. The said 48 hours can be extended maximum up to 72 hours and it Page 22 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 is only relatable to connectivity problems due to geographical location.
(e) The decision not to upload the copy of the FIR on the website shall not be taken by an officer below the rank of Deputy Superintendent of Police or any person holding equivalent post. In case, the States where District Magistrate has a role, he may also assume the said authority. A decision taken by the concerned police officer or the District Magistrate shall be duly communicated to the concerned jurisdictional Magistrate.” Thus it is clear that the FIR should have been uploaded in the police official web portal within 24 hours from the registration of FIR.
23. However, the FIRs should not have been uploaded in the case related to offence in sensitive in nature such as sexual offences, offences pertaining to insurgency, terrorism, and of that category, offences under POCSO Act and such other offences. Therefore, uploading of the FIR relating to the sexual offences is clear violation of the order passed by the Hon'ble Supreme Court of India. After uploading the FIR, the police personnel can say so many things that, it was happened due to technical glitches. Therefore, the Hon'ble Division Bench of this Court constituted a Special Investigation team to investigate the issue of uploading of FIR Page 23 of 26 https://www.mhc.tn.gov.in/judis W.P.No.3950 of 2025 related to the sexual offences. Therefore, the Special Investigation Team though has power to summon the petitioners for investigation purpose, they should not be harassed in any manner as stated supra.
24. In the light of the above, this Court is inclined to issue the following directions :-
(i) The petitioners in all the petitions are directed to appear for enquiry before the Special Investigation Team on 05.02.2025, as per the summon dated 31.01.2025 and co-operate for the Investigation.
(ii) The Special Investigation Team is directed to complete the enquiry with the petitioners in all the petitions on or before, 10.02.2025 as per the summon dated 31.01.2025 issued under Sections 179 & 94 of the BNSS.
(iii) The Special Investigation Team shall return the petitioners' mobile phone, devices etc., forthwith, which were seized from them during enquiry.
(iv) The Special Investigation Team shall not enquire about the petitioners' personal details of their friends, relatives, kith and kin, their confidential sources etc.,
(v) The minutes of the enquiry shall be recorded in the general diary and case diary in Crime No.107 of 2024.Page 24 of 26
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(vi) The Special Investigation Team was restrained from harassing the petitioners in the guise of enquiry.
(vii) The Special Investigation Team shall not ask any irrelevant question in the guise of enquiry.
25. With the above directions, all the Writ Petitions stand disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
Accordingly, the Criminal Original Petition also stands disposed of.
04.02.2025
Index : Yes/No
Neutral Citation : Yes/No
Speaking/Non Speaking order
rts
Note : Issue order copy on
or before 05.02.2025
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W.P.No.3950 of 2025
G.K.ILANTHIRAIYAN. J,
rts
To
1. The Principal Secretary to Government,
State of Tamil Nadu,
Home (Police) Department,
Secretariat,
Chennai – 600 009.
2. The Director General of Police,
Head of Police Force,
Mylapore,
Chennai – 600 004.
3. The Special Investigation Team,
O/o. Deputy Commissioner of Police,
Prison's Building,
Egmore, Chennai – 600 008.
4. The Inspector of Police,
All Women Police Station,
Kotturpuram,
Chennai – 600 085.
5. The Public Prosecutor,
Madras High Court,
Chennai.
W.P.Nos.3950, 3968, 4048 & 4107 of 2025 and Crl.O.P.No.2937 of 2025 W.M.P.Nos.4392, 4417, 4419, 4421, 4594 & 4612 of 2025 04.02.2025 Page 26 of 26 https://www.mhc.tn.gov.in/judis