PANDIAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner Pandiammal, for the death of her husband Vellaiyan in Alanganallur Police Station on 21-10-1989 while in police custody, has filed the above Writ Petition, claiming a compensation of Rs.3 lakhs.

(2.) The case of the petitioner is briefly stated hereunder: According to her, she belongs to Hindu, Mathaari (Sakkiliar) community, which comes under the Scheduled Caste. She has one male minor child and one female minor child. Alanganallur Sub Inspector and his two Policemen came to her residence on 20-10-89 and had taken his husband along with one Nallaiyan on the alleged theft of one cow and wrongfully confined her husband in the said Police Station, beaten him ruthlessly and tortured him and caused injuries to his body, thereby her husband died in police custody on 21-10-89. It is a clear custodial death. On the basis of complaint and Dharna by various people and political parties in support of her rightful claim, the District Collector, Madurai District/third respondent herein, ordered preliminary enquiry into the death of her husband in police custody on 21-10-89. The Revenue Divisional Officer was appointed to conduct the preliminary enquiry and ultimately he concluded that it was a case of death in police station custody. He also requested the third respondent's permission for a detailed Magisterial enquiry into the death of her husband, accordingly a Magisterial enquiry was ordered. The Revenue Divisional Officer, who conducted the Magisterial Enquiry, after recording statements from all the persons concerned, found that Sub Inspector of Police, Alanganallur and other constables jointly committed the offences under Sections 330, 342 and 323 I.P.C. by wrongfully confined her husband and voluntarily caused 10 injuries on her husband's body and thereby resulted in custodial death. The enquiry report of the Revenue Divisional Officer was submitted to the Government of Tamil Nadu. The Government, after careful consideration of the said R.D.O's report, has issued an Order in G.O.Ms.No. 1520 dated 25-9-1990 for launching criminal prosecution and departmental action against the above said officials involved into the death of her husband in police custody. Pursuant to the said Government Order, the third respondent in his proceedings directed the 5th respondent to launch criminal prosecution in the appropriate court against the police officials concerned. The 5th respondent, after a prolonged time filed a private complaint against the accused officials in P.R.C.No. 27 of 1996 which is pending before a Court at Madurai. It is evident that her husband was illegally and wrongfully detained by the police officials and inhumanly tortured and beaten up which resulted in death in police custody. Her husband was the only bread-winner in her family. Though Government itself has provided compensation for death in police custody, in spite of her request, no amount has been paid to her; hence she approached this Court for appropriate direction to the respondents 1 and 2 for payment of Rs.3 lakhs as compensation for the custodial death of her husband.

(3.) The Secretary to Government, Public and Rehabilitation department, Secretariat, Chennai-9/first respondent herein, has filed a counter affidavit on behalf of other respondents. It is stated in the counter affidavit that the present writ petition is belated one. One cow of one Kanniappan of Kalvelipatti was said to have been stolen by Vellaiyan and Nallaiyan. The said Kanniyappan, owner of the cow, had preferred a complaint before the Sub Inspector of Police, Alanganallur. He had also produced the accused Vellaiyan and Nallaiyan before the police for enquiry on 20-10-89. It is alleged that the said Vellaiyan died due to hanging in the bath room of Alanganallur Police Station and the dead body was removed by the police and thrown out into Periyar Main Channel which was recovered from this channel. To enquiry into this incident, the Collector, Madurai had ordered for an enquiry under PSO-145. The Revenue Divisional Officer, Madurai, who had conducted the enquiry, reported that 7 police personnel were responsible for the death and illegal custody of the said Vellaiyan. The Revenue Divisional Officer recommended for taking criminal action against them for the above lapses. The Government in G.O.Ms.No. 1520, dated 25-9-90 ordered for launching criminal prosecution and departmental action against the above police officials. As per the order of the Government, a criminal case in P.R.C.27/96 was filed before the Judicial Magistrate-No.5, Madurai and is pending. Since the Government have already taken necessary steps by initiating criminal prosecution and departmental proceedings, the petitioner is not entitled to any compensation. It is true that the Government in G.O.Ms.No. 874, Public (Law and Order-B) Department, dated 8-8-96 have issued orders to include the category of "death due to police torture" for the sanction of financial assistance to the victims. But, in this case, the death of Vellaiyan, husband of the petitioner, has occurred only on 20-10-89 i.e., before the date of issue of the said Government Order; hence the petitioner is not eligible for financial assistance and the prayer of the petitioner cannot be considered for sanction of financial assistance.