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Rs. 2-lakh compensation to wife of custodial death victim

By Our Staff Reporter

CHENNAI FEB. 21. More than 13 years after her husband was killed in police custody, an illiterate Scheduled Caste woman was today awarded Rs. 2 lakhs compensation by the Madras High Court.

Vellaiyan of Kodankipatti, near Madurai, was taken to the Alanganallur police station in connection with the theft of a cow in the village on October 20, 1989. The next day his body was recovered from the Periyar main channel. Following local unrest and all-party meetings, a magisterial enquiry was ordered to go into the incident. The probe established that the local Sub-Inspector of police and six other constables were responsible for Vellaiyan's death.

On the recommendation of the enquiry officer, the State Government initiated criminal action against the police personnel and simultaneously launched departmental proceedings against them. However, it did not give any compensation to the victim's kin, on the ground that since the Government had already taken necessary steps, the kin were not entitled to any compensation. The victim's wife, V. Pandiammal, moved the court demanding Rs. 3 lakhs as compensation.

The Government argued that since the Public department order providing for Rs. one lakh compensation for `death due to police torture' came into effect only on October 20, 1989, Ms. Pandiammal, whose husband's death occurred before the GO, could not claim the financial assistance.

Justice P. Sathasivam, rejecting the contention, said the Government had initiated penal action against seven police personnel only after accepting the findings of the enquiry report. "I am of the view that in all fairness the Government itself ought to have granted the financial assistance to the petitioner... Ms. Pandiammal is an illiterate lady and she had lost her bread-winner. She has to look after two minor children as well as aged in-laws... considering all these aspects I am of the view that ends of justice would be met by directing the respondents to pay a compensation of Rs. 2 lakhs".

Since the Government had paid Rs. 50,000 to her after she moved the court, the remaining sum should be deposited with the Bank of Maharashtra branch in Madurai within four weeks, he stipulated.

On the Government contention that the policemen were acquitted by the magistrate court, Mr. Justice Sathasivam said, "merely because the criminal case ended in acquittal, that would not exonerate the responsibility of the Government from paying reasonable amount by way of compensation to the victim's kin".

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