K DEVANESAN Vs. SUPERINTENDENT OF POLICE KANCHEEPURAM DISTRICT

JUDGEMENT

(1.) THE petitioner was serving as Head Constable at Sriperumpudur Police Station during April 1996. He was residing in Sivakanchi Police Limit. On 26.04.1996 morning, while the petitioner was travelling in a bicycle near Senkazhuneer Odai Street at Ponnerikarai, four persons namely Rajendran, Kumar, Kutti and Suresh misbehaved with a girl. THE petitioner warned all of them but they retaliated and assaulted him. In the meanwhile, the Inspector of Police arrived at the scene of occurrence and arrested all of them and a criminal case was registered against all of them in Crime No.132/96 under Section 294-B IPC based on the complaint preferred by the petitioner. THEreafter, all the accused persons were remanded to judicial custody.

(2.) WHILE they were in judicial custody, they were said to have been beaten by the jail warder Yesuraj. One of the four accused, Rajendran seems to have lost one of his eye sight due to the assault made by Yesuraj. The said Rajendran preferred a complaint against Yesuraj for assault and Yesuraj was prosecuted and he was also convicted in a criminal case. When the matter was taken before the State Human Rights Commission, the State Human Rights Commissioner directed Yesuraj to pay a compensation of Rs.2 lakhs to Rajendran who got injured and lost one of his eye sight.

(3.) THE crux of the counter affidavit is that the petitioner instigated Mr.Yesuraj to beat the accused persons in Crime No.132/1996 on the file of Sivakanchi Police Station. Though the enquiry authority recorded the finding that the charges were not proved, the punishing authority did not accept the finding. Hence, the show cause notice dated 18.06.2001 was issued and thereafter, the impugned order was passed. THErefore, there is no infirmity in the impugned order.