R.Varadaraj v. The Chief Secretary to Government

ORDER This Writ Petition (Criminal) has been filed seeking a direction to the first respondent to appoint an independent Enquiry Officer, other than a police officer, to enquire into the complaint lodged by the petitioner dated 25.11.2025. Page3 of 6

¶2Heard the learned counsel appearing on either side and perused the materials available on record.

¶3The petitioner lodged a complaint before the Hon'ble President of India and the same was forwarded to the first respondent herein for further action. In turn, the said complaint was forwarded to the fifth respondent and the enquiry is pending.

¶4The petitioner, who appeared in person, submits that he was illegally arrested and remanded to judicial custody. At the time of his arrest, no procedures were followed by the sixth respondent. Therefore, the said complaint ought to have been enquired into by an authority other than a police official. Now, the complaint has been forwarded to the fifth respondent, who is an IPS officer. The fifth respondent has nothing to do with the sixth respondent. Therefore, the fifth respondent is competent authority to enquire into the complaint.

¶5In view of the above, the fifth respondent is directed to conduct an enquiry, after issuing notice to the petitioner and the sixth respondent and dispose of the complaint within a period of four weeks from the date of receipt of a copy of this order. Page4 of 6

¶6With the above direction, this Writ Petition (Criminal) stands disposed of. No costs. 06-08-2026 Index: Yes/No Speaking/Non-speaking order LPP To

1.The Chief Secretary to Government Secretariat, Fort St-George,

2.The Principal Secretary to the Government Home Prohibition and Excise Department, Fort St.George, Chennai - 600009.

3.The Director General of Police Kamarajar Salai, Mylapore,

4.The Commissioner of Police Chennai City, Vepery,

5.Joint Commissioner of Police South Zone, Page5 of 6

6.The Inspector of Police Cyber Crime St.Thomas Mount,

7.The Inspector of Police Madippakkam Police, No.3, Big Street, Arulmurugan Nagar Extention, Ranga Nagar, Keelkattalai,

8.The Public Prosecutor, High Court, Madras. Page6 of 6 G.K.ILANTHIRAIYAN J. LPP 06-08-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN R.Varadaraj President Nethaji Makkal Katchi. No.23, West Park Road, Shenoy Nagar, Chennai – 30. Residing at No.29/19, Akbarabad 2nd Street, Chennai – 600 024. ..Petitioner Vs 1. The Chief Secretary to Government Secretariat, Fort St-George, 2. The Principal Secretary to the Government Home Department, Fort St.George, Chennai - 600009. 3. The Director General of Police Kamarajar Salai, Mylapore, Chennai. 4. The Commissioner of Police Chennai City, Vepery, 5. Joint Commissioner of Police South Zone, Page2 of 6 6. The Inspector of Police Cyber Crime St.Thomas Mount, 7. The Inspector of Police Madippakkam Police, No.3, Big Street, Arulmurugan Nagar Extention, Ranga Nagar, Keelkattalai, ..Respondents Prayer: Writ Petition (Criminal) filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to appoint an independent enquiry officer other than police officers such as a senior Civil Servant unconnected with the police hierarchy to conduct an independent fair and impartial enquiry into the petitioners illegal arrest and by considering his representation dated 25.11.2025. For Petitioner: Mr.R. Varadaraj (p-in-p) For Respondents: Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Criminal Side)