V.PONNAMBALAM Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THIS writ petition is filed challenging the order dated 18.01.2013 passed by the second respondent in SHRC Case No.1460 of 2004/C2, ordering a sum of Rs.50,000/- as compensation to the legal heirs of the deceased Irulayee, payable by the petitioner, for violation of human rights caused to the deceased Irulayee.

(2.) THE case of the complainant-third respondent herein is that he is the son-in-law of one Irulayee, who was a divorced wife of one Alagar and he contracted a second marriage, in which one Malaikannu was born to him. The said Malaikannu allegedly distilled illicit arrack and Sivagangai PEW Police came in search of the said Malaikannu and in that process, instead of searching the said Malaikannu in his house, the police team headed by the petitioner, who was then working as Sub-Inspector, came to the residence of the third respondent-complainant at about 4.00 a.m., on 20.2.2004. The third respondent-complainant and his wife had been to their field for irrigation and the police team headed by the petitioner enquired the mother-in-law of the complainant, namely Irulayee regarding the whereabouts of the said Malaikannu. Not satisfied with the reply of Irulayee, she was forcibly dragged out of her house to the Police Station at about 4.00 a.m. on 20.2.2004 and she was kept in custody in the Police Station upto 10.00/11.00 a.m. On the same day at about 3.45 p.m., the complainant's mother-in-law Irulayee committed suicide by consuming poison.

(3.) THE State Human Rights Commission, based on the averments made in the complaint, came to the conclusion that the writ petitioner took the said Irulayee at 4.00 a.m. to the Police Station on 20.2.2004, i.e., during odd hours and awarded a sum of Rs.50,000/- as compensation to the legal heirs of the said deceased Irulayee in equal proportion, with further direction to the Department to recover the said amount of Rs.50,000/- from the petitioner.