A Division Bench comprising Justice P D Dinakaran and Justice R Regupathy directed the Registry to place the papers before the Chief Justice for further action in the matter. “We feel the lethargic attitude of the Sessions Judge in ignoring the cry of the detainee, the submission of Public Prosecutor and the letter of the Superintendent of Police, Central Prison, Vellore, stating that the detainee had completed the five year term, amounted to exercise of his judicial power negligently and recklessly,” said the Bench.

One Thulasi was arrested by the Mylapore police on May 23, 1992, in an attempt to murder case. In 1997, the Additional Sessions Judge awarded him five years’ imprisonment. Thulasi moved an appeal and it was dismissed by the High Court on December 19, 2005. Though Thulasi was released on bail, he had meanwhile completed five years in prison.

Following the High Court order, the Sessions Judge issued a non-bailable warrant to rearrest him, overlooking the fact that he had already served his sentence. Thulasi was rearrested and taken to a Central Prison on December 26, 2006.

When Thulasi was rearrested, his wife moved a Habeas Corpus petition before the High Court. She also sought a compensation of Rs 5 lakh. The High Court had on April 21, 2007, directed the release of the detainee while ordering a compensation of Rs 5,000, to be paid to him by the state Government.

The state contended that it was not responsible for his detention. In its present order, the Bench recalled the direction to the state Government to pay the compensation. The Bench said since Thulasi’s wife had also demanded a compensation of Rs 5 lakh in her plea, she could move this court by way of appropriate application without resorting to a separate legal action after impleading the officer concerned. The compensation to be awarded, if any, shall be subject to the result in the inquiry ordered to be initiated against the Judge, the Bench said.