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2011 Supreme(Mad) 3265
High Court of Judicature at Madras
D. HARI PARANTHAMAN
First Petitioner
Versus
Second Respondent
W.P.No. 29432 of 2011
Decided on : 15-07-2011
For the Appearing Parties: -------
Prompt action on reports of custodial deaths and timely disbursement of compensation are essential in cases of alleged custodial torture and murder.
Headnote:
Torture and Murder - Custodial Death - Compensation
Fact of the Case:
The petitioner's son died while in the Central Prison, Cuddalore, allegedly due to torture and murder. The petitioner filed a writ petition seeking action against the prison warders and compensation for his son's death.
Finding of the Court:
The court directed the first respondent to pass orders on the report of the Revenue Divisional Officer within three weeks and to disburse the sanctioned compensation of Rs.1,00,000 to the petitioner within the same period.
Issues: Custodial torture and murder, compensation for custodial death, delay in disbursing compensation
Ratio Decidendi: The court's decision was influenced by the need for timely action on the report of the Revenue Divisional Officer and the prompt disbursement of the sanctioned compensation to the petitioner.
Final Decision: The first respondent was directed to pass orders on the report of the Revenue Divisional Officer within three weeks and to disburse the sanctioned compensation of Rs.1,00,000 to the petitioner within the same period.
1. The petitioner's son by name Amul Babu died on 04.08.2009 while he was in the Central Prison, Cuddalore. According to the petitioner, he was tortured and murdered. Hence, the petitioner has filed the present writ petition, seeking for a direction to the respondents 1 to 3, to initiate action against the fourth respondent and the other Prison Warders involved in the custodial torture and murder of his son in the Central Prison, Cuddalore, and also direct the respondents to award compensation for the death of his son.
2. Today, a counter affidavit is filed by the first respondent stating that the Revenue Divisional Officer, Cuddalore, conducted the Magisterial enquiry under PSO 151 and submitted his report to the Government through the District Collector. It is not stated as to when the report was submitted, however, it is stated that the report is submitted. It is further stated that the Government is examining the report of the Revenue Divisional Officer. It is also stated that a sum of Rs.1,00,000/- was given to the petitioner based on G.O.Ms.No.153, Public (Law and Order) B Department, dated 31.01.1998 for the death of his son.
3. In view of the counter affidavit filed by the respondents that they received the report of the Revenue Divisional Officer, Cuddalore, a direction is issued to the first respondent to pass orders thereon within a period of three weeks.
4. It is stated by the learned counsel for the petitioner that though it is stated in the counter that a financial relief of Rs.1,00,000/- is being sanctioned in G.O.Ms.No.153, Public (Law and Order) B Department, dated 31.01.1998, the same is yet to be disbursed to the petitioner. Hence, the first respondent is further directed to disburse the sum of Rs.1,00,000/-, sanctioned in G.O.Ms.No.153 to the petitioner at the earliest and in any event not later than three weeks.
5. Post after three weeks.
