The Madras High Court appoints a retired judge as a fact-finding commissioner after police allegedly assaulted lawyers who were assisting protesting sanitary workers, emphasizing the protection of legal rights and justice.
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CHENNAI: The Madras High Court recently stepped into a sensitive issue involving the alleged assault of lawyers and law students by police officers in Chennai. The matter stems from a Habeas Corpus Petition filed after 13 legal professionals were reportedly taken into unlawful custody while assisting sanitary workers engaged in protests near the Greater Chennai Corporation office.
To ensure fairness and impartiality, the Court has appointed Justice V. Parthiban (Retd.) as a One-Man Fact-Finding Commission to probe the allegations of custodial assault.
Background of the Case
From August 1, 2025, sanitary workers of Zone V and Zone VI of Greater Chennai Corporation began protesting outside the Ripon Building. Lawyers and law students extended legal aid to the protesters.
On August 13, 2025 (midnight), 13 of these lawyers/law students were allegedly taken into police custody. Their whereabouts were initially unknown, prompting the Habeas Corpus Petition.
The First Bench had earlier instructed the police to exercise restraint while dispersing protests and to avoid excessive force. The petitioner claimed that the detention was illegal and that several detainees were beaten in custody, with one advocate, Ms. Aarthy, hospitalized for three days due to head injuries.
Counter-Claims by the Police
The Additional Advocate General argued that some detainees had assaulted a woman constable and caused minor damage to buses.
Video clippings showed broken glass panels of buses but did not clearly establish direct involvement of the detainees.
Multiple FIRs (12 in total) were filed against detainees under provisions of Bharatiya Nyaya Sanhita (BNS) 2023 and the Tamil Nadu Public Property Act.
However, not all arrested individuals were promptly produced before a magistrate, raising questions about the legality of detention.
Court’s Observations
The Court found that the arrest and continued detention of some lawyers and law students may have been unlawful. It ordered their immediate release on August 14, 2025, with restrictions on making public statements until further hearings.
Allegations that Ms. Aarthy and Ms. Valarmathi were brutally beaten, leaving one unconscious, were supported by medical records (accident register). No complaint was filed regarding the alleged assault on them, while complaints were registered against them for attacking police personnel.
The Bench (Justice M.S. Ramesh and Justice V. Lakshminarayanan) noted that the police cannot investigate themselves in a matter where bias is possible. Therefore, it appointed Justice V. Parthiban (Retd.) to ascertain,
“Whether the detenues were assaulted by the Police, post their arrest?”
Directions Issued by the Court:
- Justice V. Parthiban (Retd.) to act as a One-Man Commission and submit a report expeditiously.
- The Tamil Nadu Legal Services Authority and Registrar (Administration) to provide infrastructure and staff for the inquiry.
- The Tamil Nadu Government, through the Commissioner of Police, is to pay an initial honorarium of Rs 2,00,000 to the Commission.
- The matter has been posted for further hearing on September 17, 2025.
Appearance:
Petitioner: Advocate Ramesh Umapathy
Respondent: AAG J.Ravindran, APP R.Muniyapparaj, GA (Crl.) Santhosh
Case Title:
S.Vijay v. The Commissioner of Police
H.C.P.No.1599 of 2025
Read Order: