STATE OF TAMIL NADU Vs. S. ANAND

JUDGEMENT

(1.) Instant Writ Appeal has been filed by the State of Tamil Nadu, challenging the judgment passed by the learned Single Judge, in W.P.No.15794 of 2003, awarding a compensation of Rs.1,00,000/- (Rupees One lakh only) to the writ petitioner/first respondent herein, who had suffered torture, bodily injury and humiliation, while in custody.

(2.) The writ petitioner has filed W.P.No.15794 of 2003 stating that he had studied Diploma in Mechanical Engineering and was working as Supervisor. The petitioner's family consist of his widowed mother, younger sister and younger brother. The writ petitioner states that though he is a Diploma in Mechanical Engineering he is earning his livelihood by driving a taxi. It is stated in the writ petition that his friend one Pandiyarajan and a girl travelled in his taxi from Fathima College to Cholavandhan bus stand. They alighted and the petitioner does not know about their whereabouts. The petitioner states that at about 8.00 p.m., on 17/4/2003, Mr.M.Kalifulla, Inspector of Police, Samayanallur Police Station, fifth respondent herein, called him to the Kadupatti Police Station for enquiry. He was repeatedly slapped in the Police Station, stating that his friend had eloped with a rich girl and that he has to tell them about their whereabouts. When the petitioner stated that he did not know about their whereabouts, the petitioner was beaten till about 01.30 a.m., on 18/4/2003. The petitioner was brought to the Cholavandan Police Station, where again, the beating continued. The petitioner was threatened that unless he reveals where the couple had gone, false cases would be foisted. He was kept in the Police Station. On 19/4/2003, it is alleged that the fifth respondent made the petitioner undress himself and he was beaten with a stick. The petitioner's thumb was tied and bent backwards and the petitioner was given beatings on his thumb because of which the petitioner was unable to move his thumb. It is also stated that the family of the petitioner was humiliated by the Police when they searched his house. It is also alleged that the torture came to an end only on 22/4/2003, when Pandiyarajan and the girl were traced.

(3.) Since the detention of the petitioner was not in accordance with the procedure, telegrams had been sent to the Home Secretary, Government of Tamil Nadu, the Additional Director General of Police, Human Rights Commission, etc.