Court Directs Immediate Police Protection for C.Ve. Shanmugam Amidst Continuous Threats Despite Opposing Threat Assessment Reports
In a significant ruling, the Madras High Court has directed the immediate restoration of police protection for C.Ve. Shanmugam, a prominent political figure and current Member of the Legislative Assembly, amidst continuous life threats. The order was passed by Justice G.K. Ilanthiraiyan in response to a writ petition filed by Shanmugam, who highlighted the persistent threats to his life from political and personal adversaries.
The court emphasized the necessity of police protection for individuals facing credible life threats, especially those holding significant public or political roles, irrespective of contrary findings in threat assessment reports. The petitioner had previously been provided police protection due to severe threats, which was later withdrawn. Despite the absence of recent significant incidents, the court acknowledged the ongoing danger, especially given Shanmugam's political stature and past attacks, including a 2006 incident where he narrowly escaped an assassination attempt that resulted in the murder of his brother.
Justice Ilanthiraiyan underscored that the mere existence of past threats and ongoing political positions warranted continued protection. The court criticized the police for not adhering to previous orders regarding the provision of security and dismissed the respondents' argument that threat assessment reports indicated no current threat to Shanmugam's life.
The ruling also addressed the handling of various complaints filed by Shanmugam. The court noted that while some cases were closed after investigations, others were still pending trial, including a murder case involving the petitioner's family member. The court rejected the notion of transferring all cases to a single investigative body due to their diverse nature and stages, advocating for individual handling based on specific circumstances.
In conclusion, the court ordered the state to provide adequate police protection to Shanmugam with necessary weaponry and allowed him to file new complaints if fresh threats emerged, ensuring that these would be addressed promptly by the authorities.
Bottom line:-
Adequate police protection must be provided to individuals facing continuous life threats, especially when they hold public or political positions, to ensure their safety and security.
Statutory provision(s): Sections 482 and 154 of the Criminal Procedure Code, 1973
C.Ve. Shanmugam v. State of Tamil Nadu, (Madras) : Law Finder Doc id # 2934548
