Pollachi case: No FIR against home secy, SP

  • | Tuesday | 26th March, 2019

CHENNAI: Refusing to entertain a plea moved by an advocate seeking direction to the DGP to register an FIR against Tamil Nadu home secretary and Coimbatore rural superintendent of police for disclosing the name and identity of the complainant/victim in the Pollachi sexual abuse case, the Madras high court on Monday ordered the petitioner to approach the magistrate concerned for any relief.Concurring with the objections of A Natarajan, public prosecutor, that petitioner AP Suryaprakasam had approached the court without exhausting other available avenues, Justice GK Ilanthiraiyan refused any relief to the petitioner.According to Suryaprakasam, though the law prohibits any police officer investigating crimes of sexual abuse of women and children from disclosing the name and identity of the victims, the two officials had violated the law.“Coimbatore district superintendent of police Pandiyarajan revealed the name of the victim/complainant to the media during a press interview in connection with the issue. Similarly, home secretary Niranjan Mardi revealed the name and educational institution where the victim was studying in the government order dated March 13, transferring the cases to the CBI.”The officers have not only disobeyed the orders of the apex court, but have also committed a criminal offence under Section 228(A) of the IPC.Justifying his locus standi to seek such a relief, Suryaprakasam submitted that the Constitution bench of the Supreme Court in Sheno Nandhan Paswan case had stated and permitted that any person could set the criminal law in motion.Pointing that he had made a complaint with the office of the DGP through a speed post, dated March 15 requesting to register FIR against the duo, the advocate said so far the DGP had not taken any action on his complaint.Claiming that no positive action can be expected as the two officials are holding high ranks, he sought the court’s intervention and direction to the DGP to register an FIR.

CHENNAI: Refusing to entertain a plea moved by an advocate seeking direction to the DGP to register an FIR against Tamil Nadu home secretary and Coimbatore rural superintendent of police for disclosing the name and identity of the complainant/victim in the Pollachi sexual abuse case, the Madras high court on Monday ordered the petitioner to approach the magistrate concerned for any relief.Concurring with the objections of A Natarajan, public prosecutor, that petitioner AP Suryaprakasam had approached the court without exhausting other available avenues, Justice GK Ilanthiraiyan refused any relief to the petitioner.According to Suryaprakasam, though the law prohibits any police officer investigating crimes of sexual abuse of women and children from disclosing the name and identity of the victims, the two officials had violated the law.“Coimbatore district superintendent of police Pandiyarajan revealed the name of the victim/complainant to the media during a press interview in connection with the issue. Similarly, home secretary Niranjan Mardi revealed the name and educational institution where the victim was studying in the government order dated March 13, transferring the cases to the CBI.”The officers have not only disobeyed the orders of the apex court, but have also committed a criminal offence under Section 228(A) of the IPC.Justifying his locus standi to seek such a relief, Suryaprakasam submitted that the Constitution bench of the Supreme Court in Sheno Nandhan Paswan case had stated and permitted that any person could set the criminal law in motion.Pointing that he had made a complaint with the office of the DGP through a speed post, dated March 15 requesting to register FIR against the duo, the advocate said so far the DGP had not taken any action on his complaint.Claiming that no positive action can be expected as the two officials are holding high ranks, he sought the court’s intervention and direction to the DGP to register an FIR.

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