Police Assault On Lawyers Detained For Assisting Protesting Sanitary Workers: Madras High Court Appoints Retired Judge As Fact-Finding One Man Commission
The Madras High Court was considering a Habeas Corpus Petition seeking a direction to produce and set at liberty 13 lawyers who were detained and were allegedly kept in unlawful custody.
Justice M.S. Ramesh, Justice V. Lakshminarayanan, Madras High Court
The Madras High Court has appointed its Retired Judge Justice V.Parthiban to act as a one-man commission to ascertain the case involving allegations of police assault on lawyers and law students who were detained for assisting sanitary workers staging a protest in the vicinity of the Greater Chennai Corporation’s office.
The High Court was considering a Habeas Corpus Petition seeking a direction to produce and set at liberty 13 lawyers who were detained and were allegedly kept in unlawful custody. The matter revolved around the allegation that the lawyers were rendering legal assistance to the sanitary workers in Zone-V and Zone-VI of Greater Chennai Corporation who were staging a protest in the vicinity of the Corporation’s Office.
The Division Bench of Justice M.S. Ramesh and Justice V. Lakshminarayanan stated, “Ms.Aarthy and Ms.Valarmathi allege that they had been brutally beaten to the extent of both of them becoming unconscious and one of them being admitted in a Government Super Specialty Hospital and treated as in-patient for 3 days, while the other is still under medication. This certainly requires an independent inquiry to be conducted. An alleged assault by the Police Officer cannot be investigated by the very Police, who have registered the FIR, as there is a possibility of partiality or bias. At the same time, the real fact that had taken place in the wee hours of 14.08.2025 also requires to be unfolded, for us to arrive at a final conclusion on the allegation of unlawful and illegal detention made by the petitioner in this Habeas Corpus Petition.”
“For this purpose, we hereby request Hon'ble Mr.Justice V.PARTHIBAN (Retd.), Madras High Court, to act as a fact finding One Man Commission on the following issue:- “Whether the detenues were assaulted by the Police, post their arrest?”, it stated.
Advocate Ramesh Umapathy represented the Petitioner, while AAG J.Ravindran represented the Respondent.
Factual Background
In a Public Interest Litigation seeking issuance of a Writ of Mandamus for clearing the agitators from the pavements/platforms outside the Ripon Building, the First Bench of the High Court had directed the Authorities to ensure that the pavements/ pathways/roads were not allowed for organising and staging protests. It was alleged that on the same day, around midnight, 13 Lawyers/ Law students, who had allegedly gone to the agitation spot for rendering legal assistance, were taken into illegal custody by the respondents/Police and their whereabouts were not known. It was further alleged that though the First Bench had granted liberty to the Police to exercise restraint to disperse the protesters from public places, the alleged assaults on the Lawyers/Students were much after the Police had dispersed the protesters and when they were in their custody. With these allegations, the Habeas Corpus Petition was filed to direct the respondents to produce all the 13 named detenues, who were in unlawful custody, before the Court and set them at liberty.
Reasoning
The Bench noted that one of the detainees was admitted to a Government Hospital as an in-patient for 3 days, and her name was also recorded in the accident register, but no complaint was registered on this. On the other hand, a complaint against some of the detainees for allegedly assaulting and abusing the Police Personnel had also been registered. “The truth behind these allegations and counter allegations gains significance, since further adjudication on the petitioner's claim that the detenues were unlawfully detained is yet to be made. The legality of the arrest can be gone into at a later stage. While the Police are entitled to arrest persons for infraction of laws, they are certainly not entitled to assault those who have been arrested”, the Bench said.
The Bench found that the First Bench had specifically directed that the Police must exercise all restraint to disperse the protesters. The Bench also considered the allegations of Advocates and law students (detenues) that they were brutally beaten by the Police.
The Bench thus requested Justice V.Parthiban (Retd) to act as a fact-finding One-Man Commission on the issue of whether the detenues were assaulted by the Police, post their arrest.
Calling the matter on September 17, 2025, the Bench held, “The Government of Tamil Nadu, through the Commissioner of Police/first respondent, shall pay an initial honorarium of Rs.2,00,000/- to the Hon'ble One Man Commission forthwith.”
Cause Title: S.Vijay v. The Commissioner of Police (Case No.: H.C.P.No.1599 of 2025)
Appearance
Petitioner: Advocate Ramesh Umapathy
Respondent: AAG J.Ravindran, APP R.Muniyapparaj, GA (Crl.) Santhosh