M.G. LOUIS GEORGE LATHES Vs. UNION OF INDIA (UOI), REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, NEW DELHI,

JUDGEMENT

(1.) The writ petition is for issue of writ of mandamus, directing the Central Bureau of Investigation to investigate the complaint in Cr.No.212/94, on the file of the Inspector of Police, Madukkarai Police Station, Coimbatore District and submit its report; directing the C.B.E. To investigate the commissions and omissions of the concerned officials; directing the first and second respondents to pay compensation to the victims of rape and torture; and for directing the first and second respondents to pay a fair and reasonable amount as compensation to the villagers of Chinnampathy, Coimbatore District who suffered due to the violation of their rights by the members of the Special Task Force.

(2.) The petitioner is the Member of the People's Union for Civil Liberties. During the month of July, 1994, newspapers, Indian Express, Dinamalar, Junior Vikatan and other newspapers published a news item that two women of Chinnampathy village were raped by the members of the Special Task Force. Mr. C.K.Kuppusamy, a Member of the Parliament visited the village and he demanded judicial probe of the Chinnampathy incident. A team of advocates nominated by the Tamil Nadu State Legal Aid and Advice Board visited the said village and requested the District Collector on 21.7.1994 to arrange for ex -gratia payment as there were prima facie materials before the District Administration to substantiate the allegations of rape and torture of two women and nine youth respectively. He also met the Deputy Inspector General of Police at Coimbatore. Thereafter, on 1.8.1994, the Government of Tamil Nadu appointed a Commission of Inquiry. Tmt. R.Bhanumathi, Additional District Judge, Coimbatore was appointed as the Single Member of that Commission. With the active participation of the members of the All India Democratic Women's Association, Coimbatore, the petitioner could persuade the villagers to give affidavits giving the details of their grievances. Before the Commission, one Tmt. Rajathy, who was working as a woman assistant under the Nutritious Noon Meal Scheme gave evidence that some of the members of the Special Task Force who were present in the Noon -Meal centre had not behaved properly. Fearing that behaviour, she ran away from the Noon Meal centre, entrusting the work to one Karuppi, another worker. She also stated that one Mylal told her in the evening that she was raped by a member of the S.T.F. She had given a detailed account of the atrocities committed by some of the members of the S.T.F., on 11th and 12th June, 1994, in the village. Mrs. Karuppi also made statement on oath before the Commission, corroborating the evidence of Mrs. Rajathy. The petitioner was also told by Mrs.Rajathy and Mrs.Karuppi that on 24.10.1994, after giving evidence before the Commission, some local landlords threatened for having giving evidence before the Commissioner. They also filed affidavits to that effect before the Commission. The Commission referred the matter to the Commissioner of Police for action. The members of S.T.F., who landed in the village on 11.6.1994 stayed in the village on that night and 37 families of Erular community were residing in that village. There is evidence to establish the rape of two women by some of the members of S.T.F., on 11.6.1994 and also for the beating of nine youths on 12.6.1994. They reported the matter to the landlords on 13.6.1994 and in turn, it was reported to the M.L.A., on that date. The M.L.A., contacted the Superintendent of Police and other officials and also visited the village and gave police protection. Though the officials were aware of such happenings, statements were not recorded from the victims. The Village Administrative Officer who deposed before the Commission had stated that the villagers made such complaint regarding rape and atrocities. The Tahsildar also received a report from the Revenue Inspector on 13.6.1994. The Village Administrative Officer by name, Natarajan collected the statements of the villagers. All these materials were placed before the District Collector who in turn ordered for an enquiry under Clause -145 of the Police Standing Orders. The victims were taken to the Government Hospital on 15.7.1994 and they also gave statements before the Medical Officer. The Medical Officer also found bite marks on the chest of Mylal which was recorded. Only when the media published that the victims were taken to the hospital; an F.I.R., was registered on 16.7.1994. The administration deliberately withheld payment of ex -gratia to the victims. The landlords were indirectly allowed by the administration to use their power to silence the villagers. Some villagers were also threatened by the landlords when they went back after deposing before the Commission. A representation signed by 27 advocates of Madras was sent to the Governor of Tamilnadu, a copy of the same was also sent to the Chief Secretary, Government of Tamilnadu for appropriate action. The villagers are now facing a serious situation of hostility as the landlords are not willing to engage them for agricultural work. While the administration paid Rs.50,000/ - as ex -gratia to each of the two members of Dalit families of Kuzhipanthandalam in Chengalpattu who died in police firing, there is no reason for the 2nd and 3rd respondents for not giving similar payments. The enquiry started under clause 145 of the Tamilnadu Police Standing Orders was also suspended. The Executive Magistrate's enquiry in this matter suffers from very many number of omissions and there is inordinate delay in arranging for medical examination of the victims. Therefore, there is a vital need to entrust the matter to an independent agency like the C.B.I., to investigate the allegations found in the F.I.R., in Crime No.212 of 1994 on the file of Madhukkarai Police Station. The victims in the present case are entitled for compensation including interim compensation.

(3.) Therefore, this petition has been filed praying for issuance of writ of mandamus directing the C.B.I., to investigate the complaint; directing the C.B.I., to file a report with regard to the commission and omission of officials with respect to the same complaint; directing the first and second respondent to pay compensation to rape victims and nine victims of torture.