This Writ Petition has been, preferred by a widow of an accused claiming compensation from the Government of Tamil Nadu for the death of her husband in police custody on 111. 1998.

2. Factual matrix necessary for disposal of this Writ Petition are as under :- Petitioners version : —

A) The petitioner was married to the deceased Balu and in the said wedlock, the petitioner had two children. The deceased was working as a construction worker.

B) While so, on (11. 1998, about 8 to 10 policemen in mufti came to the residence of petitioners mother-in-law and under the pretext of washing their hands after taking snacks, they conducted search in her residence and on enquiry, they informed that they were policemen from Chennai and they have come in search of Balu as he was involved in a case of theft. Since the petitioner told them that her husband was missing for the last three months, the police left the place. On the very same evening her husband came home and he was informed about the search made by the police team and thereafter, he gave some piece of gold ornaments to the petitioner to tide over the temporary difficulties in case he was caught by the police.

C) On 11. 1998, a police team consisting of 8 to 10 members accompanied by one Kumar, came and threatened to assault the family members in case the police were not able to arrest the husband of the petitioner. In the early hours of 111. 1998, mother-in-law of the petitioner as well as her sister-in-law were taken by the police to Thalankuppam in search of Balu as well as her brother Deva. Accordingly, the police arrested Deva and subsequently, Petitioners husband was also arrested. On such arrest, the police manhandled the petitioner as she tried earlier to protect her husband from arrest. After the arrest of Balu, he was taken to Thiruvanmiyur Kuppam and the police raided the house of one Nithya, with whom Balu was residing for some time and from the said residence, police seized stolen articles as well as household articles, fan and other objects. Immediately, the accused were taken to Korattur Police Station at about 6.30 p.m. on 111. 1998 and they, were confined in lock up along with another accused by name Mathi.

D) Subsequently, on 111. 1998, Balu was taken from the police station by the very same policemen who arrested him and, he was taken to Tindivanam to recover the stolen articles pledged with a pawn broker. However, when the policemen came to know that the pawn shop was closed, they brought Balu to his mothers house at 3 p.m. and the petitioner was also there along with her two children. The police struck terror in the neighbourhood and the petitioner and her family members were beaten up and they were directed to get the stolen articles. Though Balu was raising alarm from the police van, the police did not allow the petitioner to see him and they violently stopped the petitioner and hit her with lathi and in that incident, the two year old child of the petitioner got the burnt of the lathi and the child fell down from petitioners hand. The petitioner handed over the gold to the police which was given by Balu to her on 11. 1998. Subsequently, along with Balu, the petitioner, Subramaniam and Kumar were taken} in the police van from Tiruvanmiyur Kuppam in search of one Nithya, Even in the police van, the policemen were repeatedly assaulting Balu. After a vain search for Nithya, the petitioner and her child were dropped near a bus stop and others were taken in the van to the police station. Even from the police van, the policemen threatened that the petitioner may not be in a position to see her husband again and her Thali was as good as gone.

E) Subsequently, in the morning of 111. 1998, about six policemen from Ennore Police Station came to the house of the petitioner and took her as well as her mother-in-law and sister-in-law and one Shanmugam in the police jeep under the pretext of questioning them. They were taken to Ennore Police Outpost on Kathivakk