Date:07/06/2007 URL: http://www.thehindu.com/2007/06/07/stories/2007060716410500.htm

Tamil Nadu - Chennai

Probe into police assault on advocate

Special Correspondent

Retired judge of High Court to undertake the exercise The incident led to a prolonged standoff between the police and advocates in Coimbatore

CHENNAI: The Madras High Court said on Wednesday that it would ask a retired judge of the court to probe police excesses against a disabled advocate in Coimbatore. "We are contemplating referring the police assault on the advocate to a retired judge of this court on Thursday," observed the First Bench, comprising Chief Justice A.P. Shah and Justice P. Jyothimani.

The matter relates to the assault on advocate A.S. Mohamed Rafi by a woman constable, Sathiyabama, of the Gandhipuram All-Women Police Station, and some other personnel at the Gandhipuram police station.

Mr. Rafi, a partially disabled person suffering from brain tumour, dashed against Sathiyabama in December 2006, triggering a chain of events during which he was taken to the police station and beaten up. The incident led to a prolonged standoff between the police and advocates in Coimbatore.

When the matter came up for hearing, the First Bench referred to a complaint preferred by the constable and said: "On the face of it, the complaint contained a false version." The Bench said it was difficult to believe that a disabled individual would have attacked the constable and others in the police station. "It is completely false, and difficult to believe." Moreover, there was no explanation from the police for the injuries on the person of Mr. Rafi, the Judges said, adding, "Just see the brutality of police. It is shocking."

The Bench said it was contemplating referring the matter to former Judge K.P. Sivasubramaniam. An order would be passed after ascertaining the background of the case.

During arguments, while counsel for the woman constable submitted she had been suspended from service and that the version of the petitioner-advocate was not true, Government Pleader Raja Kalifulla said the petitioners had exaggerated the incident.

G. Masilamani, senior counsel for the Coimbatore Bar Association and Mr. Rafi, said the Government ought not to side with the police.