HENRI TIPHAGNE Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner who is said to be the Executive Director of People's Watch, Tamilnadu, has come forward with this petition seeking for the relief of directing the transfer of investigation which was pending in Cr.No.475/2002 on the file of the 2nd respondent, Inspector of Police, Paramakudi Police Station, to the 4th respondent, the Joint Director of Police, CBI, Chennai and for further direction to expedite the investigation and file the final report within the time frame fixed by this Court and pass such other or further orders as may be necessary in the facts and circumstances of the case.

(2.) MRS.Sudha Ramalingam, learned counsel for the petitioner submitted that this is a serious case of custodial violence which resulted in the death of a woman by name Karuppee while she was in the custody of the 2nd respondent police. It is submitted that in view of the gravity of the offence alleged against the accused persons who are none else than the police officials, the petitioner who is representing an organisation fighting for human rights has come forward with this petition seeking for the above said relief. It is submitted that the pathetic story of the fate of the said Karuppee came to light during the Public Hearing held jointly by National Women's Commission and Tamilnadu State Women's Commission on 28.10.2003 at Madurai and as such, the petitioner has thought it fit to bring it to the notice of this Court with a view to get fair investigation in this matter of custodial violence resulting in the death of the said Karuppee.

(3.) THE learned counsel for the petitioner submitted that there are enough materials available to establish that the said deceased died not due to natural cause, but only due to custodial torture. It is submitted that the Post-mortem Certificate also disclosed a number of ante-mortem injuries and as such, it is very clear that the death is only due to homicide and that too, due to custodial torture of the police officials of the said police station. THErefore, it is contended that in view of the police officials have been implicated in this case as accused persons, the petitioner apprehends that there may not be any fair investigation. As such, it is submitted that in the interest of justice, the investigation is to be transferred to some other competent police official for ensuring fair and effective investigation in this case. It is further contended by the learned counsel for the petitioner that the Tamilnadu State Commission for Women also found a prima facie case of custodial violence in this matter and opined that as the local police were the accused, investigation must be handed over to the CBI to bring out the truth in the interest of justice and further prayed for direction to the Government to pay an immediate compensation of Rs.2 lakhs to be paid to the family of Karuppee, the deceased. It is further submitted that the petitioner understands that the Government also passed an order of interim compensation of Rs.1 lakh and that amount also not yet paid to the family of the said Karuppee. THErefore, it is contended that it is a fit case to award reasonable amount as compensation to the family of the said Karuppee. THE learned counsel further contended that in view of the threat caused to the other family members of Karuppee even during her illegal detention by the 2nd respondent police, that during the course of investigation by some other investigating agency, the witnesses also should be given sufficient protection to their life to give their version freely without any fear or threat.