V.SUBBURAJ Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in this writ petition is for a Mandamus directing the State to pay compensation for a sum of Rs.5,00,000/- for custodial torture by respondents 5 and 6.

(2.) ACCORDING to the petitioner, he is a vegetable vendor. On 14.05.2003 at about 4.30 a.m. the respondents 5 and 6 came to his house along with police constable and took him to Vachakarapatti Police Station. Thereafter, he was taken to a guest house sitaute at Thulukapatti. The police compelled him to accept the offence of theft, said to have occurred in the house of one Mr.Ashok Raja. The petitioner denied the commission of any offence. Respondents 5 and 6, tortured the petitioner and gave several punches in his face and he sustained injuries. They took him to various police stations and tortured. On 17.05.2003, the petitioner's wife sent telegram to the District Collector and the Superintendent of Police, Virudhunagar District. On 19.05.2003, another representation was sent and on 20.05.2003, the petitioner was released from custodial interrogation. Again on 09.06.2003, the respondents 5 and 6 came to the house of the petitioner and took him to custody and they used unparliamentary words against his wife and that the petitioner was ordered to remove his clothes. The police attacked him with lathe and hands. On 15.06.2003, the petitioner's wife lodged a complaint and made a representation to the District Collector, Virudhunagar about the illegal confinement. Left with no other option, on 17.06.2003, the petitioner's wife filed a Habeas Corpus Petition No.907 of 2003 before this Court. Notice was issued to the police.

(3.) INVITING the attention of this Court to the telegrams dated 18.06.2003, addressed to the Director General of Police, Chennai; DIG of Police, Madurai and Superintendent of Police, Virudhunagar, Mr.Jothibasu, learned counsel for the petitioner submitted that though a specific complaint was made by the petitioner's wife about the illegal detention of the petitioner, no action has been taken by the abovesaid police officials. This Court has perused the proceedings in Na.Ka.A5/5685/2003 dated 18.06.2003 of the Revenue Divisional Officer addressed to the Medical Officer, when the petitioner met the abovesaid RDO, and stated to have complained about the illegal torture on 14.06.2003 and 15.06.2003 respectively. The said RDO has referred the petitioner to the Government Hospital, Sivakasi. According to the petitioner, before the doctors, he has already stated that he was assaulted by police. He has been referred to Government Rajaji Hospital, Madurai and taken treatment between 25.06.2003 and 30.06.2003, for the grievous injury of "foot drop" caused by policemen.