Southern States - Tamil Nadu   

HC quashes criminal case against AIDWA official

By A. Subramani

CHENNAI FEB. 28. The Madras High Court has quashed a criminal case registered against the CPI(M) leader Umanath's daughter, Nirmala Rani, in Tiruchi district, and also imposed a fine of Rs. 25,000 on an Assistant Commissioner of Police responsible for registering the case.

Stating that the fine amount shall be given out of the police official's ``personal funds and not that of the State,'' Justice V. Kanagaraj also directed the Government to initiate disciplinary proceedings against the Assistant Commissioner of Police (Srirangam range) and his ``superior officials concerned for their approval for foisting such cases and non-performance.''

Ms. Nirmala, an advocate and the Tiruchi district secretary of the All-India Democratic Women's Association, campaigned against one Mohana, a eunuch and suspected kingpin of `inter-State trafficking of women'. After she sent representations to the National Human Rights Commission and the CB-CID, the local police registered a case under the Indian Trafficking (Prevention) Act.

However, on November 5, 2002, the Srirangam police registered a case against Ms. Nirmala for `offences' under Section 3(1)(X) of the SC, ST (Prevention of Atrocities) Act, following a complaint from Mohana. With the case pending before a judicial magistrate court in Tiruchi, Ms. Nirmala moved the High Court to quash the same.

Quashing the criminal proceedings, Mr. Justice Kanagaraj observed that "the petitioner could not be reasonably thought of indulging in such offences" given her reputed family background and parentage which was wedded to the national cause. Stating that the Assistant Commissioner was neither fair nor reasonable nor dutiful nor responsible in registering the case, the judge said "this is also atrocious and unbecoming of a police officer."

Casting aspersions on the role of the ACP's superior officials also, Mr. Justice Kanagaraj said "the official could not have filed the case on his own, without the approval of his superior officials up to the Commissioner of Police. They have thoroughly failed in their duties and responsibilities."

The judge said the recommended punitive proceedings would "set right the police force by introducing remedial measures for avoiding recurrence of such incidents in future."

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