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before the Commission with the entire record of the case. The case is under
consideration of the Commission.
10.
Case No.896/22/37/2010
Shri Devika Prasad, Secretary, Working Group on Human Rights, New
Delhi vide his e-mail letter dated 17.8.2010 forwarded a copy of complaint dated
17.8.2010 from Sh. Miloon Kothari, Convenor, Working Group on Human
Rights. Sh. Miloon Kothari alleged that Mr. Gnana Diraviam, Mr. Anandan, Ms.
Bharathi Pillai, Ms. Niharga Priya and Ms. Sudha – members of a Fact Finding
Team - were arrested illegally on the night of 15 August, 2010 by Veeravanallur
Police Station, Tirunelveli district, Tamil Nadu, where they had gone to conduct
an enquiry in a torture case against a police officer. It was further alleged that the
arrest was carried out in violation of the law, criminal procedure, and the DK Basu
guidelines.
On investigation by the Investigation team of NHRC it was found that the
trainees were implicated in a false case by the police due to some reason
connected to their enquiry into the allegations of torture of accused Suresh. The
allegations of torture of Suresh was found to be true.
The Commission considered the above report on 25.06.2012 when it
inter-alia directed to send a gist of the report prepared by the NHRC Team to DGP,
Tamil Nadu with a request to place it before the Public Prosecutor appearing in
MP(MD) No.1 of 2010 in Crl. OP(MD) No.10130 of 2010 before the High Court
of Judicature Madras at Madurai Bench.
The Commission also directed the NHRC to engage a Counsel in Crl.
O.P.(MD) No.11303 of 2010 filed u/s 482 of the Cr.P.C. in Crime No.161/2010 by
Gnanadiraviyam & others Vs. State of Tamil Nadu through its Inspector Police
and Directorate Counsel to place the matter before the High Court in these
proceedings.
Pursuant to the approval by the Commission, the report along with
intervention application has been sent to the Advocate, Madras High Court,
Madurai Bench, Tamil Nadu, for taking further action.
The Commission while considering the matter on 21.01.2013 inter-alia
directed to await the orders, if any, passed by the High Court, as the report at the
instance of the NHRC has already been placed before the Hon’ble Madras High
Court, Madurai Bench, Tamil Nadu. The requisite orders of the Court are awaited.
19