JEYA.M Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) This writ petition has been filed to direct the respondents to pay a just and reasonable compensation for a sum of Rs.50,00,000.00(Rupees Fifty lakhs) and to grant a government job to the petitioner's family for the death of deceased Muthu Karthick who died due to police custodial torture.

(2.) According to the petitioner, she is the mother of the deceased namely Muthu Karthick. At the time of occurrence her son was 17 years old. The said deceased(Muthu Karthick) was working as cleaner in earth mover vehicle. Earlier on 3/1/2019 one Kalyanasundaram gave a complaint alleging that some jewels were stolen from his house. In this connection the police officers attached to the S.S.Colony Police Station have enquired about the theft and thereafter the police came to their area on 1/7/2019 at about 11.30 a.m.,and directed some persons for attending enquiry. Based on the police instructions on 7/1/2019 at about 7.00 pm., the petitioner and her son/Muthu Karthick along with others appeared before the Inspector of Police attached to S.S.Colony Police Station and the Inspector interrogated them. Thereafter on 8/1/2019 at about 07.00 am., the petitioner's son went to Panthalkudi with regard to his work at Ramco Cement Manufacturing factory. Thereafter on 13/1/2019 at 01.00 pm., the Inspector of Police attached to S.S Colony Police Station, Sub Inspector Satheesh and Police Ravi entered into the house of the petitioner without informing anything and searched for thefted articles in Almirah, suit case and other places at their house. After knowing that the said missing jewels were not in the house they left. Thereafter the petitioner's son cell number was not reached after 13/1/2019 evening onwards. Thereafter the husband of the petitioner rushed towards Panthalkudi area on 15/1/2019 to trace out his son since his cell phone was switched off. In the meantime , on 15/1/2019 at about 10.00 p.m., the petitioner's son called her and he could not speak , therefore the petitioner learnt that her son was under some persons illegal custody. Thereafter on 16/1/2019 at about 3.00 pm., a phone call was received from her son and insisted her to bring Identity cards, School certificates and other proof urgently. Therefore she went to the police Station there the Sub Inspector of Police Satheesh and Inspector of Police have obtained her signature in blank white paper and thereafter the police have taken her Son on the same day at about 6.30 pm., to the Government Rajaji Hospital, Madurai.

(3.) Thereafter at about 7.30 p.m., he was produced before the learned Judicial Magistrate No.III, Madurai for remand. At that time the learned Magistrate has informed the police to produce her Son on 18/1/2019 before the Juvenile Justice Board. Thereafter only the petitioner came to know that Crime No.24 of 2019 for the offences under Sec. 387 and 506(ii) of IPC was registered against her son. On the same day at about 9.00 pm., when they reached home along with their son he could not open his mouth and was struggling to speak and even struggling for normal breathing. Immediately they have taken him to Vijayaraj Speciality Hospital for treatment and the doctor advised them to admit in the hospital since he sustained multiple injuries and was having severe fever. At that time her son told that one Inspector of Police, Sub Inspector of Police Satheesh and one Ravi and another one police Ravi had taken him and they assaulted and thereby he sustained injuries. Further her son was under illegal custody from 13/1/2019 to 16/1/2019 and the doctor in the Vijayaraj Speciality Hospital informed her that her son's kidney was damaged, therefore her son was shifted to Government Rajaji Hospital, Madurai for further treatment . Thereafter on 18/1/2019 at about 3.00 pm., she went to the Juvenile Justice Board, Madurai and gave a written complaint and the learned Magistrate has enquired all the incidents. The son of the petitioner was admitted as inpatient in the Government Rajaji Hospital, Madurai from 18/1/2019 to 24/1/2019. Thereafter on 24/1/2019 at about 10.00 am., he died in the hospital.