G. SARALA Vs. HOME SECRETARY

JUDGEMENT

(1.) ALLEGING that the husband of the petitioner, taken to custody, was brutally beaten by some police constable, attached to Paratharami Police Station, Vellore District and later, died in the hospital, wife has filed this writ petition, for a Mandamus, directing the respondents to pay compensation of Rs.7,00,000/ -.

(2.) IN the supporting affidavit, the petitioner has submitted that on 09.08.1998, at 11.00 A.M., under the guise of enquiry, some police constables attached to Paratharami Police Station, took her husband. He was beaten in the presence of village people and thereafter, produced before the Judicial Magistrate and remanded to Sub -Jail, Gudiyatham. On 10.08.1998, when she went to Gudiyatham for engaging a counsel to move a bail application, she was informed that her husband was taken to the Government Hospital, Gudiyatham. She went to the hospital by 3.00 P.M., and saw her husband in the hospital surrounded by policemen. He was badly injured and weak. He informed her that he was brutally beaten by Paratharami Policemen and Jailwarden. According to the petitioner, even in her presence, he was beaten. On the next day, i.e., on 11.08.1998, when she went to the hospital, she was not allowed to see him. On 12.08.1998, two constables came to her house, and informed that, her husband was not in a stable mind. When she went to the hospital, he was already dead. She immediately lodged a complaint on 13.08.1998 to the Deputy Superintendent of Police and Tahsildar of Gudiyatham. After the post -mortem, body was handedover to her. But the post -mortem report was not given. She received a letter from one of the co -prisoners, by name N.Ganesan, locked up in sub -jail, stating that he had witnessed the brutal attack, by policemen. Thereafter, she made a complaint to the Police, but no action was taken. Even the Executive Magistrate has not conducted any inquest on the dead body, though a case in Cr.No.434 of 1998 under Section 176 Cr.P.C., was registered. A detailed representation was given to the Superintendent of Police, Vellore. As there was no action, she filed Crl.O.P.No.5189 of 1999, in this Court, seeking for a direction, directing the Inspector of Police, Gudiyatham Town Police Station, to investigate the case, and file a charge sheet. According to the petitioner, her husband was murdered by Policemen. She has filed a complaint to the National Human Rights Commission, New Delhi on 29.08.2001. Thereafter, she gave representations to the Home Secretary, Government of Tamil Nadu, on 06.03.2000, 05.09.2000, 07.04.2001 and 08.11.2002 respectively, requesting them to pay compensation. In the abovesaid circumstances, she has filed this writ petition.

(3.) RECORDS produced by the learned Additional Government Pleader shows that a case under Sections 4(1)(i) and 4(1 -A)ii of the Tamil Nadu Prohibition Act, has been registered in Crime No.224 of 1998 on 09.08.1998 against Mr.Govindaraj, husband of the writ petitioner and that he had been sent to the Judicial custody and lodged in Sub Jail, Gudiyatham, at 18.30 hours on 09.08.1998. Deceased Govindaraj was lodged in Cell No.5 in Sub Jail, Gudiyatham. Due to ill -ness, he had been taken to Gudiyatham Government Hospital, at 11.45 on 10.08.1998. Subsequently, he died on 12.08.1998. Intimation of death at 01.00PM has been received by the Superintendent, Sub Jail, Gudiyatham, Vellore District. Thereafter, a case in Crime No.434 of 1998 under Section 176 of CrPC has been registered at 16.00 hours on the file of Gudiyatham Town Police Station. Along with the intimation, the police has also received Death Report, which reads as follows: <FRM>JUDGEMENT_764_TLMAD0_2014.htm</FRM>