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2024 Supreme(Online)(MAD) 13631
HIGH COURT OF MADRAS
Hon`ble Mr.Justice B.PUGALENDHI
MAHESWARI – Appellant
Versus
THE STATE OF TAMILNADU – Respondent
Custodial torture and deaths demand stringent state accountability, ensuring victim compensation and thorough investigation without undue delay or legal obstructions.
Headnote:
CustodialViolence - Custodial Death - IPC Section 302, CrPC Section 174 - The court addressed state accountability for custodial violence through various legal provisions. Critical interpretations of the IPC and CrPC underscored the duty of police to ensure prisoner safety and facilitated compensation for the victim's family.
Fact of the Case:
The petitioner sought compensation for her husband's custodial death, asserting he was tortured by police before dying in prison. Despite earlier recognition of custodial torture by authorities, further investigation faced delays, prompting judicial review.
Issues: Whether the petitioner is entitled to compensation due to custodial violence and what accountability measures should be employed against police officials responsible for the death.
Ratio Decidendi: The court asserted that custodial deaths must be legally scrutinized for accountability, stressing that police are not above the law and emphasizing the necessity for adherence to procedural safeguards.
Final Decision: The court directed the government to provide scholarships for the deceased's children along with expediting legal action against responsible police officers.
ORDER
This is yet another incident of custodial violence. The petitioner a widow has approached this Court in the year 2014 for a writ of mandamus seeking compensation for the death of her husband Easkki Muthu and also for an appropriate action as against the officials, who are responsible for the cause of the death.
2.The case of the petitioner is that her husband Esakki Muthu was taken to the Anna Nagar Police Station, Madurai by the police officials on 13.07.2014 under the guise of an enquiry, where he was beaten brutally and he suffered serious injuries. Therefore in order to escape from the consequences, a case was foisted as against her husband for the offence under Section 302 IPC and he was also remanded to judicial custody by the learned Judicial Magistrate No.VI, Madurai on 15.07.2014 at 9.00 pm. On 21.07.2014 her husband died in the prison. The petitioner claims that she had visited her husband in the prison on the date of the incident. During her visit she found that her husband was having multiple injuries and he was not in a position to stand even for three minutes continuously. Considering the cause of death due to multiple injuries, the Superintendent of Prison, Dindigul, lodged a complaint before the Inspector of Police, West Police Station, Dindigul and the same has been registered in Crime No.225 of 2014 on 21.07.2014 under Section 174 CrPC. The learned Counsel for the petitioner further submits that the petitioner is having four children and her husband was the only bread winner of the family. The petitioner having no other scope has approached this Court seeking compensation and appropriate action as against the concerned officials, who are responsible for the death of her husband.
3.This Court has entertained this writ petition and ordered notice in the year 2015. However, thereafter, the matter was listed only in the month of March 2023. The respondents, who received notice, did not enter appearance. The same was recorded in the order dated 14.03.2023. Only thereafter the respondents filed the counter.
4.In pursuance of the order of this Court dated 19.04.2023, the Superintendent of Police, Dindigul has filed a report on 27.04.2023 stating that the deceased Esakki Muthu, was accused No.5 in Crime No.895 of 2014 registered for the offence under Sections 147,148 and 302 IPC on the file of the Anna Nagar Police Station, Madurai City. He was arrested on 15.07.2014, he was taken for medical examination and was produced before the learned Judicial Magistrate No.VI, who in turn remanded the accused into judicial custody for 15 days in Madurai Prison. The Superintendent of Police, Madurai has re-directed the warrant for judicial custody to the District Prison, Dindigul for the safety of the accused. Accordingly he was shifted to Dindigul, Prison on 15.07.2014, wherein, the Superintendent of Dindigul Prison found the accused with multiple injuries and recorded the same in the jail admission register. The accused was provided with treatment on 16.07.2014, 17.07.2014 and on 19.07.2014 one Dr.Senthilkumar, recommended to shift the accused to the Government Hospital, Dindigul. On 21.07.2014 the accused was taken to the Government Hospital, Dindigul and the Doctor who examined the accused at 4.45pm declared the accused 'brought dead'. Subsequently based on the complaint of the petitioner dated 21.07.2014 a case was registered in Crime No. 225 of 2014 under Section 174 CrPC on the file of the Dindigul Town West Police Station and based on the directions of the higher officials, departmental proceedings were initiated as against eight police officials and the same is not yet concluded. The investigation in Crime No.225 of 2014 was also transferred to the CB-CID and once sanction is accorded final report would be filed before the Court concerned. Apart from this a sum of Rs.Five Lakh has been provided to the petitioner as a compensation by the State Government.
5.The 6th respondent/ Inspector of Police, South Gate Police
