S MEENA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, the mother of one Wilson who allegedly met with his death while in custody of the Police, seeks for the issue of a writ of mandamus to direct the first respondent to pay a sum of Rs.3,00,0 00/- as compensation for the custodial assault, torture and murder of Wilson and to direct respondents 1 to 5 to prosecute respondents 7 to 11 for the said offences and to direct respondents 1,2 and 5 to initiate proper disciplinary action against them and for further reliefs.

(2.) The petitioner contends that she is a Class IV employee in the Postal Department and her husband had died 11 years back. He had one daughter and the deceased son Wilson. Her son was doing screen printing and he was 24 years old at the time of his death. On 21.6.1993 when she asked her son to have his dinner,he told her that he would return soon and went out. But he failed to return till 10.00 P.M. The petitioner and her daughter went to sleep after keeping food for her son. Subsequently she was informed by one Nalini who is the sister of the landlord of the petitioner and whose house is situate at Gangai Amman Kovil Street, that on the night of 21.6.1993 on hearing some shouting in front of her house, she came out of the house and saw respondents 7 to 11 brutally attacking the petitioner's son Wilson. The said police officials surrounded Wilson and caught hold of him near the water tap situated at Gangai Amman lane and tied his hands with lungi. Wilson was attacked with long knife and grievous injuries were caused. The said Nalini and other residents nearby were direct eye-witnesses to the brutal attack. Wilson cried that he was innocent and he has not committed any mistake. Even after that police officials did not spare him and they continued attacking him all over his body causing grievous injuries. He was also abused in vulgar language and was continued to be attacked. While he was lying on the road the police officials kicked him with their boots on his chest and abdomen and then he became unconscious and was dragged on the road. The police officials caused cut injuries on the leg of Wilson as well as all over his body attacking him with the handle of the knife. This happened for about half-an-hour in the open street and after that he was taken to the Police Station. According to the petitioner, she was unaware of the incident as she and her daughter were sleeping. Her landlord's son Senthil knocked at the door on the night of 21.6.1993 and informed the petitioner of the brutal assault on her son. She was also informed about his having been taken to Royapettah Police Station. One Mohan, petitioner's son's friend also came to the house and told that he had seen the police dragging her son to the Police Station.

(3.) The petitioner thereupon requested Mohan to help her for taking her son on bail from Royapettah Police Station. He left immediately stating that he would go to the Police Station and return and inform her. But for a long time he did not herefore, she obtained the help of Dampachari, brother of the petitioner's landlord and went to Royapettah Police Station at 2.30 A.M. 22.6.1993. She waited outside while Dampachari went inside and enquired. He returned back and said that the police officials did not reveal anything and that he could not find the petitioner's son. Dampachari asked her to return to her house and assured that they would be able to get further information in the morning. Therefore, she had to return to the house. At about 4.00 A.M. on 22.6.1993 the said Mohan again came back and he told the petitioner that he saw Wilson at the Royapettah Police Station at 1.30 A.M. He was lying in one corner of the Police Station and that he saw cut injuries on both the legs and abrasions all over his body. He was also shouting for help and requested Mohan to take him to hospital. After a short while again he went to the Police Station. The Inspector of Thousand Lights Police Station, came there and when he saw the injured person, he shouted at the Constables and asked them to take Wilson to the hospital. At 2.00 A.M. Wilson was taken to Royapettah hospital in a Cycle-Rickshaw by two constables followed by Mohan. In the hospital, certain stitches were put on the cut injuries on both legs of Wilson. X-Ray was also taken and Wilson complained that he was experiencing acute pain on his private parts, abdomen and chest and he was unable to bear the pain. However, the police did not bother to give proper treatment or have any concern about the critical condition of Wilson. At 3.30 A.M. he was brought back to the Police Station in a Cycle-Rickshaw. Though Mohan followed Wilson to the Police Station, he was not allowed inside the Police Station and he saw the seventh respondent in Police Station. When Mohan had informed the petitioner of the said facts, the petitioner and her daughter cried and requested Mohan to help them to go to the Police Station. As they were informed by Mohan that Police will not allow them, they went only at 5.30 A.M. along with Dampachari. Dampachari informed that Wilson was lying like a snail with both legs and hands bandaged. He was unable to stretch his legs and hands and when Dampachari tried to make him sit, Wilson asked for water and Dampachari went out and brought Limca and they gave Limca to Wilson. The petitioner cried and the police personnel shouted at her and asked them to leave. They had to come out of the Police Station and they were not allowed to be with Wilson. Therefore, the petitioner and Dampachari returned to the house at 6.30 A.M. She requested Dampachari to go and see Wilson in the Police Station. She also went to her office to arrange for bail with the help of co-employee at about 8.30 A.M. But while she was in the office Senthil, Dilli and Sankar came to the office and informed her that her son had died in the Police Station at about 9.00 A.M. and that his body had been taken to the Royapettah Hospital. When she went to the hospital there was a huge crowd from her area. Dampachari was also present there. On 22.6.1993 at about 1.00 p.m. she sent a telegraphic complaint to the Hon'ble Chief Minister informing about the illegal torture and death of her son. She demanded a detailed probe and suspension of the policemen. The petitioner further stated that in view of the happenings, the public in the area gathered in front of the Police Station and demanded action against the guilty police officials. But to the shock and surprise of the petitioner till date, no worthwhile action had been taken against guilty persons.