JUDGMENT :

S. Manikumar, J.

Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to pay compensation to legal heirs of deceased Subramaniam of Rupees twenty lakhs for custodial torture resulted in death, within the time limit fixed by this Court.

1. Claiming himself to be a Co-Convenor of Campaign for Custodial Justice and Abolition of Torture, petitioner has filed the instant public interest litigation seeking a Writ of Mandamus to direct the respondents to pay compensation of Rupees Twenty lakhs to the legal heirs of deceased E.Subramaniam (35 years) namely Revathi, wife (28 years), daughters Subashini (9 years), Nivashini (6 years), Sona (4 years) and son Varshid (3 years), as the deceased was taken to illegal custody on midnight of 28.5.2015, detained illegally and was inflicted with grave injuries by the 9th respondent and his team for 7 days and the deceased succumbed to the injuries, in the 12th respondent hospital on 06.06.2015.

2. It is submitted by the petitioner that a state wide campaign of 190 members, comprising of victims of custodial injustice, social activists, political parties, voluntary organizations, trade union members, human right activists, local government institutions, representatives from Dalits, Adivasis, teachers, lawyers, etc., from 18 Districts was conducted. The main objective of this campaign is to create awareness among the public about the rights of the people in custody, to build support for the proposed reforms needed in custodial institutions based on human rights standards, to monitor the functioning and to bring to light the overall human rights violations in the state custodial institutions and to support victims with services such as legal aid, counselling, shelter and rehabilitation.

3. Petitioner has further submitted that E.Subramaniam S/o.Ekambaram was aged 35 years, at the time of death, was survived by his wife named Revathi (28 years), daughters Subashini (9 years) Nivashini (6 years), Sona (4 years) and son Varshid (3 years). On the midnight of 29th May 2015, a Police team including the 9th respondent took the deceased from his house, to enquire him, in relation to murder of one Mumtaj. The 9th respondent and his team illegally detained the Subramaniam, for a week and tortured him and ultimately, he died in the Hospital, due to the injuries caused by the 9th and 11th respondents.

4. Petitioner has further submitted that he and his colleagues conducted a fact finding enquiry in relation to the death of Subramanian and obtained information from his legal heirs, neighbours, police and hospital. Wife of the deceased Subramaniam stated that her husband - deceased Subramaniam completed his education as a fitter in ITI. He had also undergone industrial training (ITI Fitter Course) and finished his apprenticeship in Neyveli Lignite Corporation. Thereafter he was working for a Sub-Contractor with Neyveli Lignite Corporation namely Nila Engineering Works from the month of April 2015. While he was working in Neyveli, he used to visit his relative Saba Amma alias Elizabeth. On 23.05.2015 a woman named Mumtaz aged about 47 years who was living next to Saba Amma’s house was murdered and her gold jewelries were stolen by some body. On 29.05.2019 midnight, the 9th and 11th respondents along with their team came to the house of Subramaniam and forcefully took him, to custody after beating him. They searched the house and took away the mobile phones, apprenticeship certificates, along with Subramaniam, in their Jeep.

5. Petitioner has further submitted that on 29th morning, wife of Subramaniam, along with her three children went to the 9th respondent Police Station. The 9th respondent responded very harshly and told that her husband had murdered Mumtaz. She cried before them and told that they had gone to Velankani Church and ret