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1996 Supreme(Mad) 838
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE KANAKARAJ
P. Amaravathy
Versus
The Government of Tamil Nadu & Others
W.P. No.7925 of 1995
Decided On : 14-08-1996
Mr. R. Gandhi Senior Counsel for M/s. R.G. Narendhiran K.K. Senthilvelavan and K. Vijayakumar Advocate for Petitioner, Mr. R. Balasubramanian, Special Government Pleader on behalf of Respondents No. 1 to 4 and 7 to 11, and of Mr. Wilson, Advocate for Respondent No.5 Mr. V.S. Ramakrishnan, Advocate Respondent, No. 6.
Custodial death is a grave violation of human rights and the state is responsible for preventing such deaths and punishing those responsible.
Headnote:
CUSTODIAL DEATH - COMPENSATION - POLICE OFFICERS PROSECUTED - INTERIM COMPENSATION OF RS.1,00,000/- AWARDED - WRIT PETITION DISPOSED OF.
Fact of the Case:
Petitioner's husband died in police custody due to torture. Petitioner sought a writ of mandamus to direct respondents to register a case against the responsible police officers, hand over the investigation to CBI, and pay compensation of Rs. 20 lakhs.
Finding of the Court:
The court found that the petitioner's husband died due to custodial torture and that the police officers responsible were being prosecuted. The court also noted that the government had fixed certain norms for payment of compensation in such cases, but that it was important to take stringent steps to prevent custodial deaths.
Issues: Whether the petitioner is entitled to compensation for the custodial death of her husband. Whether the prosecution of the responsible police officers should be conducted by the CBI.
Ratio Decidendi: The court held that the petitioner was entitled to interim compensation of Rs. 1,00,000/- to be adjusted at a later stage when regular compensation is claimed. The court also held that the prosecution of the responsible police officers should be conducted by the local police and not by the CBI.
Final Decision: The court disposed of the writ petition and directed the respondents to pay interim compensation of Rs. 1,00,000/- to the petitioner.
1. By consent, the writ petition is taken up for final disposal.
.2. The petitioner is the unfortunate widow whose husband had died while in police custody. The petitioner is seeking in this writ petition a writ of mandamus to direct respondents 1 to 4 to register a case against respondents 5 to 10 and hand over the investigation to CBI and also to direct the first respondent to pay a sum of Rs.20 lakhs as and by way of compensation for the custodial death of her husband.
3. The writ petition was filed on 16. 1995. The petitioner’s husband wad detained on 4. 1995 at about 5.00 a.m. by a group of six persons claiming themselves to be police constables. The petitioner’s husband was taken to Theni to the office of the Narcotic Investigation Bureau, for conducting an enquiry. Even as the petitioner’s husband was reluctant to accompany the said persons, he was assaulted and dragged to the police van. The petitioner’s husband did not return till 10.00 a.m. on the next day. So the petitioner requested her uncle and a neighbour to ascertain the whereabout of her husband. Her uncle one Ramar and one Gopal proceeded to the Narcotic Investigation Bureau at Theni and at about 11.00 a.m. they found the petitioner’s husband in a severely injured state and was chained against the wall. It is stated that the petitioner’s husband pleaded with the petitioner’s uncle and the said Gopal stating that the police were torturing him for extracting money and requested them to see that he is released. Even as the petitioners uncle Ramar and the said Gopal were coming down the stairs, they found respondents 7 to 10 carrying lathis and iron rods and going to the upstairs portion where the petitioner’s husband was kept. A little latter, they heard cries from the petitioner’s husband. But the said Ramar and Gopal were prevented from going upstairs. The petitioner’s brother one Kubendran had sent telegrams to the Chief Minister, and the Chief Justice of the High Court and other higher officials.
4. Gudalur Police Station and the same was registered as Cr.No.61 of 1995. In spite of her best efforts, the petitioner could not ascertain the whereabouts of her husband. The villagers and the petitioners squatted before the police Station and conducted a dharna. It is, at that time, that the Deputy Superintendent of Police, Uthamapalayam, informed the petitioner that her husband had passed away and that she can collect the body from the General Hospital, Mortuary, at Tiruchirappalli. The victim’s body wa s brought from Tiruchirappalli to Gudalur at 1.45 a.m. on 4. 1995. It was found that there were several injuries on the body of the deceased. According to petitioner, her husband was aged about 37 years at the time of his death.
.5. It is contended by the petitioner that her husband used to earn a sum of Rs.5, 000 to Rs.7, 000 per month from his agricultural operations. This claim is made to justify the compensation of Rs.20 lakhs claimed in the writ petition.
.6. On 2. 1996, Shivaraj Patil, J. directed the respondents to file the inquest report on or before 20.2.1996. On 26. 1996, I passed the following order:-
.“A perusal of the order of Shivaraj Patil, J. dated 2. 1996 shows that the Government Advocate had taken notice and four weeks time was sought for to file a counter-affidavit. The case was accordingly posted on 20.2.1996. Even on that date the respondents have not given a counter-affidavit. Today when the matter is called the learned Government Pleader is in the same position. Learned Senior Counsel for the petitioners seeks urgent orders. Having regard to the post-mortem certificate issued relating to the death of the deceased M. Pandiyan, it is a case of custodial death. The Superintendent of Police, Trichy, is directed to look into the matter and file a report as to the circumstances under which the death took place so that this court can pass appropriate orders on the writ petition. The report must be filed on or before 25-7- 1996
