Date:26/02/2008 URL: http://www.thehindu.com/2008/02/26/stories/2008022659710700.htm

Tamil Nadu - Chennai

Allegation of gang rape false, says High Court

Special Correspondent

CHENNAI: Stating that the allegation of the gang rape of a woman by jail officials was untrue, the Madras High Court on Monday directed the authorities to register a case against all persons concerned for having made false allegations against not only jail officials but also against the detenu.

Treating a habeas corpus petition (HCP) as closed, a Division Bench comprising Justices P.D. Dinakaran and R. Regupathi, said there was no iota of truth in the allegation as per the material collected pursuant to the court’s orders. As the detenu’s human dignity had been damaged, the authorities should “proceed against all the persons concerned, whomsoever, independently, in accordance with law.”

In its order, the Bench said as Sankara Subbu (advocate) and counsel on record came forward to pay a token of Rs.5,000 to the detenu for the embarrassment caused to her by filing the HCP, it recorded the same and permitted them to make the payment directly to her. The payment was without prejudice to her right to stake any further claim for the damage caused to her human dignity.

The court recorded its appreciation for the authorities in transferring four jail officials to show their bona fides. “As the stigma cast on respondents 7 to 10 (jail officials) has been wiped away, based on the report filed by the fourth respondent (Superintendent of Police, Vellore district) and the statement of the detenu herself, the second respondent (Inspector-General of Prisons) is at liberty to restore them to the original position and to take appropriate decision to transfer the petitioner to some other Central Jail, if it is deemed fit and necessary.”

The case pertained to a petition by Ganesan, a convict of the Vellore Central Prison, who alleged that his wife was gang raped by four jail officials.

Explaining why the court took a serious note of the allegation made in the petition, the Judges said rape was a crime not only against the victim, but also against the entire society. It destroyed the victim’s entire psychology and pushed her to deep emotional crisis which in turn stirred society. ‘Right to life’ included the right to live with human dignity.