ANGAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has approached this Court to issue a Writ of Mandamus directing the State of Tamil Nadu, Home Department first respondent herein to pay a sum of Rs. 5,00,000/- to her as compensation for the death of her daughter Parvathy.

(2.) The case of the petitioner is briefly stated hereunder : According to her, she has four daughters and her youngest daughter was Parvathy. The said Parvathy developed a relationship with one Karuppasamy who is a married man. Because of the relationship of Parvathy with the said Karappusamy, the latter's wife filed a complaint before the Inspector of Police, All Women Police Station, Tuticorin Town 2nd respondent herein. Pursuant to the said complaint, her daughter was taken to the 2nd respondent Police Station for interrogation. Thereafter, she was informed that her daughter committed suicide in the bathroom of the 2nd respondent Police Station. Her daughter Parvathy was 29 years old and she was dependent on her. Her daughter had not committed any offence. The second respondent has no jurisdiction to entertain a complaint for the alleged act of adultery. The police people in the 2nd respondent station detained her daughter tortured her, then finally killed her. The action of the second respondent is violative of Art. 21 of the Constitution of India. In such a circumstance, she is entitled to a compensation of Rs. 5 lakhs from the first respondent for the death of her daughter.

(3.) Pursuant to the notice issued, Deputy Secretary to Government, Public Department, Chennai 9 has filed a counter affidavit on behalf of the first respondent. It is stated that on 1-7-1995 at about 21.00 hours Smt. Parvathy, 25 years , daughter of Kannusamy Thevar was brought to the All Women Police Station, Tuticorin on a complaint given by one Smt. Muthumalai, wife of Karuppusamy. As the complainant was not available in the Police Station at that time, the said Parvathy was allowed to stay in the Verandah of the police station on her request. In the meantime, she wanted to go to the bathroom and told the woman police constable that she was in her periods. She was allowed by the woman police constable to go to the bathroom. As she did not come out from the bathroom even after 15 minutes, the woman police constable opened the door of the bathroom and found that Parvathy was hanging from the roof of the bathroom. A case was registered in All Women Police Station Crime No. 20/95 under Section 174, Cr.P.C. and subsequently transferred to Sub Collector, Tuticorin and an inquest was conducted by the Sub Collector, Tuticorin. A Magistrial Enquiry under PSO 145 was ordered into the alleged death of the said Parvathy. In the meantime, the Government appointed a Commission of Inquiry headed by Thiru V. Sethusolayar, a retired District Judge to enquire into the death of Parvathy. The Commission of Inquiry in its findings has stated that the death of Parvathy was only due to suicide committed by her hanging herself and not due to torture by police. The Commission has not recommended for any compensation. The Government after careful examination of the report of the Commission, to clear certain doubts, referred the matter to the State CB CID has reported that there is evidence, oral, documentary and scientific and medical available to prove the death of Parvathy may be suicide by hanging due to objection in her way of life and, therefore, suggested that further action may be dropped. The Government has accepted the findings of the CB CID dropped further action in this case. Even though adultery is not a cognizable offence, the police can advice parties and prevent breaking of families. Inasmuch as all the enquiries proved that the death of the deceased was due to suicide by hanging, the petitioner is not entitled to compensation.