The Hindu : Court orders Rs. 4.15-lakh compensation for custodial death

Online edition of India's National Newspaper
Tuesday, Mar 23, 2004

Tamil Nadu

Tamil Nadu

Court orders Rs. 4.15-lakh compensation for custodial death

By K. Ramachandran

CHENNAI, MARCH 22. The Madras High Court has directed the Home department to pay Rs.4.15 lakhs as compensation (including interest) to the mother of a person who died in the custody of the Royapettah police here in June 1993.

Justice K.P. Sivasubramaniam rejected the contention by police personnel that they had been acquitted of all criminal charges by the trial court. The judge said an inquiry report of the Personal Assistant to the Collector stated the victim, Wilson, aged 24, had died due to custodial violence.

S. Meena, a class IV employee in the Postal department, filed a writ petition in 1994, seeking a direction to the government to pay her compensation of Rs.3 lakhs for the ``torture and murder of her son'' on June 21-22, 1993. She submitted that her son was picked up by the police, beaten up and taken to the Royapettah station. The next day, he was declared dead. She sent a telegram to the Chief Minister's office complaining of custodial death.

Five police personnel (among the list of respondents) said that on receiving a report of a law and order problem, they went to the scene and found Wilson and three others, armed and terrorising the public. They used minimum force to overpower him and take him into custody. The police said they took him to the Royapettah hospital and gave him treatment. The next day, when he was about to be taken for remand, Wilson complained of giddiness and he was declared dead on arrival in the hospital.

After considering facts and going through reports, the judge said the gruesome death was a result of brutal and inhuman attack after Wilson was apprehended and arrested on June 21, 1993 and subjected to torture.

``I have no doubt that he had died in the police station and the story that he was taken to the hospital for giddiness is false. I have no doubt in accepting the RDO inquiry report.''

Assuming that the deceased had been creating a law and order problem, there was absolutely no need for his being beaten up indiscriminately. The power given to the police to use minimum force to bring offenders under control or to maintain law and order did not include ``sadistic and savage behaviour'', the judge said.

Mr. Justice Sivasubramaniam directed the Home department to pay Rs.2.5 lakhs, which at six per cent interest for 11 years, worked to Rs.4.15 lakhs. He awarded Rs.15,000 towards funeral expenses incurred by the victim's family.

As the government had in August 1994 paid the petitioner Rs.50,000, the judge asked the officials to pay Ms. Meena the balance of Rs.3.8 lakhs within six weeks.

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