Tag Archives: Gayathri

Condemn the arrest of the General Secretary of ATP and Namakkal district ATP leaders.

 The police has arrested the General secretary of ATHI TAMILAR PERAVAI -ATP-and Namakkal district ATP leaders in connection with the bus burning case against the guidelines given by the supreme court in D.K.BASU CASE IN 1996..WHEN THE BUS WAS BURNING “ALL THE LEADERS WERE IN POLICE CUSTODY” at Nallipalayam Tirumalai kalyana mandapam…This is nothing but to ruin/destroy/annihilate the DALIT MOVEMENTS in Tamilnadu…we will meet the challenges by our vigorous mass struggle and legal battle…….


D.K. Basu Case guidelines  for ARREST  -R.VIMALA VIDYA-NAMAKKAL


The Hon’ble Supreme Court, in D.K.Basu Vs State of West Bengal, has laid down specific guidelines required to be followed while making arrests.
The principles laid down by the Hon’ble Supreme Court are given here under:
  1. The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register
  1. That the police officer carrying out the arrest shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made.  It shall also be counter signed by the arrestee and shall contain the time and date of arrest.
  1. A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.
  1. The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organisation in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.
  1. The person arrested must be made aware of his right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.
  1. An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names land particulars of the police officials in whose custody the arrestee is.
  1. The  arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at that time. The ‘Inspection Memo’ must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.
  1. The arrestee should be subjected to medical examination by the trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory, Director, Health Services should prepare such a panel for all Tehsils and Districts as well.
  1. Copies of all the documents including the memo of arrest, referred to above, should be sent to the Magistrate for his record.
  1. The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.
A police control room should be provided at all district and State headquarters where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.



(National Human Rights Commission)


Need for Guidelines

Arrest involves restriction of liberty of a person arrested and therefore, infringes the basic human rights of liberty. Nevertheless the Constitution of India as well as International human rights law recognise the power of the State to arrest any person as a part of its primary role of maintaining law and order. The Constitution requires a just, fair and reasonable procedure established by law under which alone such deprivation of liberty is permissible. Although Article 22(1) of the Constitution provides that every person placed under arrest shall be informed as soon as may be the ground of arrest and shall not be denied the right to consult and be defended by a lawyer of his choice and S.50 of the Code of Criminal Procedure, 1973 (Cr. PC) requires a police officer arresting any person to  “ forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest”. in actual practice these requirements are observed more in the breach. Likewise, the requirement of production of the arrested person before the court promptly which is mandated both under the Constitution [Article22(2)] and the Cr. PC (Section 57] is also not adhered to strictly.  

A large number of complaints pertaining to Human Rights violations are in the area of abuse of police powers, particularly those of arrest and detention. It has, therefore, become necessary, with a view to narrowing the gap between law and practice, to prescribe guidelines regarding arrest even while at the same time not unduly curtailing the power of the police to effectively maintain and enforce law and order and proper investigation.  


Ø The power to arrest without a warrant should be exercised only after a reasonable satisfaction is reached, after some investigation, as to the genuineness and bonafides of a complaint and a reasonable belief as to both the person’s complicity as well as the need to effect arrest. [Joginder Kumar’s case- (1994) 4 SCC 260).  

Ø Arrest cannot be justified merely on the existence of power, as a matter of law, to arrest without a warrant in a cognizable case.

Ø After Joginder Kumar’s pronouncement of the Supreme Court the question 54 whether the power of arrest has been exercised reasonably or not is clearly a justiciable one.

Ø Arrest in cognizable cases may be considered justified in one or other of the following circumstances:

(i) The case involves a grave offence like murder, dacoity, robbery, rape etc. and it is necessary to arrest the suspect to prevent him from escaping or evading the process of law.

(ii) The suspect is given to violent behaviour and is likely to commit further offences.

(iii) The suspect requires to be prevented from destroying evidence or interfering with witnesses or warning other suspects who have not yet been arrested.

(iv) The suspect is a habitual offender who, unless arrested, is likely to commit similar or further offences. [3rd Report of National Police Commission]

Ø Except in heinous offences, as mentioned above, an arrest must be avoided if a police officer issues notice to the person to attend the police station and not leave the station without permission. (see Joginder Kumar’s case (1994) SCC 260).

Ø The power to arrest must be avoided where the offences are bailable unless there is a strong apprehension of the suspect absconding .

Ø Police officers carrying out an arrest or interrogation should bear clear identification and name tags with designations. The particulars of police personnel carrying out the arrest or interrogation should be recorded contemporaneously, in a register kept at the police station.


Ø As a rule use of force should be avoided while effecting arrest. However, in case of forcible resistance to arrest, minimum force to overcome such resistance may be used. However, care must be taken to ensure that injuries to the person being arrested, visible or otherwise, is avoided.  

Ø The dignity of the person being arrested should be protected. Public display or parading of the person arrested should not be permitted at any cost.

Ø Searches of the person arrested must be done with due respect to the dignity of the person, without force or aggression and with care for the person’s right to privacy. Searches of women should only be made by other women with strict regard to decency. (S.51(2) Cr.PC.) 55

Ø The use of handcuffs or leg chains should be avoided and if at all, it should be resorted to strictly in accordance with the law repeatedly explained and mandated in judgement of the Supreme Court in Prem Shanker Shukla v. Delhi Adminstration [(1980) 3 SCC 526] and Citizen for Democracy v. State of Assam [(1995) 3 SCC 743].

Ø As far as is practicable women police officers should be associated where the person or persons being arrested are women. The arrest of women between sunset and sunrise should be avoided.

Ø Where children or juveniles are sought to be arrested, no force or beatings should be administered under any circumstances. Police Officers, may for this purpose, associate respectable citizens so that the children or juveniles are not terrorised and minimal coercion is used.

Ø Where the arrest is without a warrant, the person arrested has to be immediately informed of the grounds of arrest in a language which he or she understands. Again, for this purpose, the police, if necessary may take the help of respectable citizens. These grounds must have already been recorded in writing in police records. The person arrested should be shown the written reasons as well and also given a copy on demand. (S.50(1) Cr.PC.)

Ø The arrested person can, on a request made by him or her, demand that a friend, relative or other person known to him be informed of the fact of his arrest and the place of his detention. The police should record in a register the name of the person so informed. [Joginder Kumar’s case (supra)].

Ø If a person is arrested for a bailable offence, the police officer should inform him of his entilement to be released on bail so that he may arrange for sureties. (S.50(2) Cr.PC.)

Ø Apart from informing the person arrested of the above rights, the police should also inform him of his right to consult and be defended by a lawyer of his choice.  He should also be informed that he is entitled to free legal aid at state expense [D.K. Basu’s case (1997) 1 SCC].

Ø When the person arrested is brought to the police station, he should, if he makes a request in this regard, be given prompt medical assistance. He must be informed of this right. Where the police officer finds that the arrested person is in a condition where he is unable to make such request but is in need of medical help, he should promptly arrange for the same. This must also be recorded contemporaneously in a register. The female requesting for medical help should be examined only by a female registered medical practitioner. (S.53 Cr.PC.)  

Ø Information regarding the arrest and the place of detention should be communicated by the police officer effecting the arrest without any delay to the police Control Room and District / State Headquarters. There must be a monitoring mechanism working round the clock.

Ø As soon as the person is arrested, police officer effecting the arrest shall make a mention of the existence or non-existence of any injury(s) on the person of the arrestee in the register of arrest. If any injuries are found on the person of the arrestee, full description and other particulars as to the manner in which the injuries were caused should be mentioned in the register, which entry shall also be signed by the police officer and the arrestee. At the time of release of the arrestee, a certificate to the above effect under the signature of the police officer shall be issued to the arrestee.

Ø If the arrestee has been remanded to police custody under the orders of the court, the arrestee should be subjected to medical examination by a trained Medical Officer every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory . At the time of his release from the police custody, the arrestee shall be got medically examined and a certificate shall be issued to him stating therein the factual position of the existence or nonexistence of any injuries on his person.  


Ø The person under arrest must be produced before the appropriate court within 24 hours of the arrest (Ss 56 and 57 Cr.PC).  

Ø The person arrested should be permitted to meet his lawyer at any time during the interrogation.  

Ø The interrogation should be conducted in a clearly identifiable place, which has been notified for this purpose by the Government. The place must be accessible and the relatives or friend of the person arrested must be informed of the place of interrogation taking place.  

Ø The methods of interrogation must be consistent with the recognised rights to life, dignity and liberty and right against torture and degrading treatment.


1. The guidelines must be translated in as many languages as possible and distributed to every police station. It must also be incorporated in a handbook which should be given to every policeman.  

2. Guidelines must receive maximum publicity in the print or other electronic media. It should also be prominently displayed on notice board, in more than one language, in every police station.

3. The police must set up a complaint redressal mechanism, which will promptly investigate complaints of violation of guidelines and take corrective action.

4 The notice board which displays guidelines must also indicate the location of the complaints redressal mechanism and how that body can be approached.

5. NGOs and public institutions including courts, hospitals, universities etc., must be involved in the dissemination of these guidelines to ensure the widest possible reach.

6. The functioning of the complaint redressal mechanism must be transparent and its reports accessible.

7. Prompt action must be taken against errant police officers for violation of the guidelines. This should not be limited to departmental enquiries but also set in motion the criminal justice mechanism.


A much needed protest.

திருச்செங்கோடு விவேகானந்தா கல்லூரி மாணவி வெ.காயத்ரி படுகொலையை கண்டித்து பெருந்திரள் ஆர்ப்பாட்டம் .

நாள்: 08.அக்டோபர் .2012
இடம் : அண்ணாசிலை ,திருச்செங்கோடு
நேரம் :காலை 10 மணியளவில்

தலைமை :ம.மதிவண்ணன்
கண்டன உரை :கொளத்தூர் மணி , நிலவன், தமிழ்நேயன் மற்றும் பல்வேறு அமைப்புகளின் பிரதிநிதிகள்.


திராவிட விடுதலை கழகம் ,
தமிழ்நாடு சாக்கிய அருந்ததியர் சங்கம்,
தமிழக ஒடுக்கப்பட்டோர் விடுதலை இயக்கம் .

Gayathri’s Murder news – few explanation

Following the whistle blowing about Gayathri’s death, there is a news report on http://namakkal4u.com/?p=20950 ,http://namakkal4u.com/?p=20964 saying that some malicious elements of the society had spread the rumor amongst the students and this spread across tension amongst the student’s community.

Y’day evening I got an SMS about the foresaid incident from a social activist. Since I did not want to jump blindly into an issue, I waited till morning. Today morning I called and asked for some more details and relevant contact numbers. He mentioned that he got this news from a known source and it is said that the student’s are facing challenges in organizing strike, the management is putting pressure through parents, parents are not letting students to take it up etc.,

I spoke to one of the number provided in the SMS and she confirmed that the students are doubting that it could be a murder following rape, the Management tried to bribe, they are not able to hold protests, students want to organize protest outside Namakkal Collector Office but Gayathri’s father wants the strike to happen outside college.

Hearing that the student’s are not able to reach out for help and facing some obstacles, I had sent a press release stating that “It is reported that…”, “It is said that….” And I also shared the contact number provided.

Again I asked for another contact number for media to speak to someone, I was provided with a number, that student mentioned that her parents are scared and they don’t want her to involver herself in the issue. I conveyed the same to one of the media who had called me.

A sexual abuse and torture case was reported from Thoothukudi and inspite of confirming by talking to the victim, she never spoke to Media when approached. How do we understand this.

Even People with high activist-network are facing obstacles to stage protests…so how do we get away without suspecting oppression in such issues. If any of the Media or student’s organization or Human Rights Organization intervene, it ma help.

We could also suspect if these exercises could be an attempt to add strength to the recent statements from Government that social media networking sites are spreading rumors and intimidating violence etc.

We also cannot rule out that ‘influential’ People have the power to burry things. We have to wait and watch.

But if it is a rumour and some one tried to play around by falsely spreading news on women’s issues, then it is shameful.

Student Raped by 4 College Staffs seeking justice

for immediate release:


It is reported that a rape and murder has been executed by 4 college staffs at vivekananda college of engineering, thiruchengodu namakal district. The victims name is gayathri 2nd year information technology student, who was murdered on 27 august. Following that students had demanded action from the correspondent and the College management, but the management created a alibi as sucide and narrate a story that she has got 6 arrears in examination and that’s why she committed sucide.  The students confirmed that is a rape and murder. students are boycotting their class and seeking justice for her collegemates murder.. now the college is out of grid by communication.

The students are trying to hold a strike outside Namakkal Collector office.

It is also said that the College Management tried to burry this Issue by offering 2 crores to Mr. Vetrivel, father of Gayathri. He refused to take it and trying to organize strike outside the college.

The college management is putting pressure on students not to hold strike, a section of students are hesitating to go against management.

The area of strike is not yet confirmed.

In an attempt to find the fact, MASES spoke to one of student and she confirmed the above details. Unable to reach Gayathri’s father’s number.

M.AS.ES is ready to support the students and has left the contact number with one of the student.

திருச்செங்கோடு விவாகானந்தா பொறியியல் கல்லூரியில் இரண்டாம் ஆண்டு படிக்கும் மாணவி 4 ஆசிரியர்களால் வன்புனர்ச்சி செய்யப்பட்டு கொலை செய்யப்பட்டதாக தகவல்கள் வருகிறது. காயத்ரி 6 பாடங்களில் ஃபெயில் ஆகிவிட்டதால் தற்கொலை செய்துகொண்டார் என்று கல்லூரி நிர்வாகம் சொல்லி வருகிறதாம். மாணவர்கள் அதை கொலை, அதுவும் பாலியல் துன்புறுத்தலுக்கு பின்னால் நடந்த கொலை என்று சொல்கின்றனர்.  ஒரு பிரிவு மாணவர்கள் வகுப்புகளை புறக்கணித்து, நியாயம் கோரும் முயற்சியில் ஈடுபட்டுள்ளனர். கல்லூரி நிர்வாகம் தொடர்பில் வர மறுப்பதாக சொல்லப்படுகிறது.

மேலும், கல்லூரி நிர்வாகம் காயத்ரியின் தந்தை வெற்றிவேலுக்கு 2 கோடி ரூபாய் கொடுத்து விசயத்தை மூடி மறைக்க முயன்றதாகவும், அவர் அதை மறுத்து நான் உங்களுக்கு அந்த பணம் தருகிறேன், என் பெண்ணைத் திருப்பி தாருங்கள் என்று சொன்னதாகவும் தகவல்கள் வருகிறது.  கல்லூரி நிர்வாகம் மாணவர்களின் போராட்டத்தை முடக்க முயல்வதாகவும், அதையும் மீறி நாமக்கல் மாவட்ட ஆட்சியர் அலுவலகத்தின் முன் போராட்டம் நடத்த முயல்வதாகவும் சொல்லப்படுகிறது.

காயத்ரியின் தந்தை அப்போராட்டத்தை கல்லூரி வளாக வாசலிலேயே நடத்த முயற்சிக்கிறார் என்றும் சொல்லப்படுகிறது.

ஒரு மானவி மேற்சொன்ன விபரங்களை உறுதி செய்தார், காயத்ரியின் தந்தை எண்ணில் தொடர்பு கிடைக்கவில்லை.

மாசெஸ் மாணவர்களுக்கு உதவி செய்யத் தயாராய் உள்ளது. தொடர்பு எண்ணை ஒரு மாணவரிடம் பகிர்ந்துள்ளது.