HC refuses to stay CBI probe into custodial 'torture' of woman

The Madras High Court today refused to stay a single judge's order directing a CBI probe into the alleged custodial torture of a woman by police personnel in Udumalpet station in Tirupur district.
A specially constituted vacation bench, comprising Justice S.Vaidyanathan and Justice R. Mahadevan, declined to stay the Setember 24 order but issued a notice to the counsel for the victim when the appeal filed by the police and state government officials came up for hearing and posted the matter to October 8.
In their appeal, the Additional Director General of Police (Prisons), the DGP, and the Home Secretary, challenged the order passed by Justice V Ramasubramanian.

Advocate General A.L. Somayaji argued that when the petitioner side itself had only sought an investigation by any magistrate other than the Judicial Magistrate of Udumalpet, the single judge had ordered the CBI probe.
The bench also rejected the argument by the AG that the victim was a murder accused and she did not make any allegation regarding torture before the magistrate and it was not open for the accused to straight away plead for change of investigation agency.
"We do not want to interfere now. We will admit the appeal. Let them file counter," the bench said.

The appeal submitted that the Judge erred in arriving at the conclusion that it would not be fair or proper to entrust the investigation to the state police when there were no reasons or circumstances or facts to support such a conclusion.

The entrusting of the investigation to CBI was only "on highly tenuous and flimsy material," the appeal said.
It also said that after repeated medical examinations, it was made clear that the accused had sustained minor injuries and there were no injuries found on her genitalia which are consistent with her allegations.
The single judge has also directed the state government to pay an interim compensation of Rs two lakh to the family of the woman and asked authorities to file an FIR.