HCP seeking to produce Fakruddin before court dismissed

Madras High Court today dismissed a HCP seeking directions to state Home Secretary, DGP and Superintendent of Police-CBCID (Special Investigation Team) to produce "Police" Fakruddin, arrested last month in connection with the murder of a BJP functionary, before the court.
A Division Bench comprising of Justice S Rajeswaran and Justice P N Prakash, dismissing the habeas corpus petition filed by J Abdul Rahim, General Secretary of Indian National League, said Fakruddin was arrested on October 4 and he was produced before a Judicial Magistrate for remand on the next day and as on date he is in legal custody.
Therefore, there was no need to produce him before the court, the bench said.

The bench said the state Public Prosecutor had contended that when police tried to secure Fakruddin, he first resisted and when he was overpowered, he denied that he was Fakruddin.
In such circumstances, it was imperative for the police to first satisfy themselves that they have apprehended the correct person for which, a minimum inquiry is essential, the court said.
Rejecting the contention of the petitioner's counsel that the eye of Fakruddin was found to be swollen and reddish due to the torture by police, the bench said the detenu himself had explained before the Judicial Magistrate that the injury was sustained during the scuffle he had with police at the time of his arrest.