R KRISHNAVENI Vs. STATE

JUDGEMENT

(1.) THE petitioners have filed the present writ petition seeking for a direction to the first respondent State of Tamil Nadu to enhance the compensation from Rs.1 lakh to Rs.10 lakhs and to pay the same to the petitioners for the custodial torture and murder of the first petitioner's husband late Ramasamy @ Komba inside the Ooty Sub Jail.

(2.) IN the writ petition, notice of motion was ordered on 21.12.2009. Subsequently, the writ petition was admitted on 12.3.2010 and this court had directed the respondents to produce a copy of the enquiry report submitted to the State Government. IN the application for interim compensation of Rs.1 lakh, pending disposal of the writ petition, this court had dismissed the said application on 23.6.2010 by holding that such relief will be given only after the petitioner succeeds in the main writ petition.

(3.) IN his enquiry report, dated 9.9.2002, the Revenue Divisional Officer found that the injuries suffered by the Ramasamy were not because of police attack and because of the villagers of Perar, who had attacked him. Two persons from the village one Rahamathullah and Rajamani had given confessional statements for having beaten the said Ramasamy. The jail officials were indifferent to the health condition of the said Ramasamy. INstead of providing appropriate immediate treatment, they allowed him to suffer for two hours with chest pain and this led to the hunger fast undergone by others. Therefore, he found that even though the attack was made by two private persons, but the attack was done in the presence of two policemen, i.e., Sub INspector of Police Haridoss and the Constable Surendran. Therefore, he had recommended action against them. He had also recommended an action against the jail officials for not rendering appropriate medical treatment for the under trial prisoner.