R NANDAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who is a native of Kulithalai, Trichy district presently practising Advocate of this court, has approached this court with the following prayer:- To issue a writ, a) directing the first respondent to pay compensation to the families of the deceased Mr. Mukkan and Arokkiyasamy a fair and reasonable amount as this court may deem fit and proper; b) directing the first and second respondents to take measures to give effective medical treatment to the injured Ponnusamy, palanisamy and others whose names are given to the authorities and for payment of compensation to the injured in the firing; c) ordering any other relief or order as this court may deem fit and proper in the circumstances of this matter; and d) ordering cost of this petition.

(2.) THE brief facts leading to the filing of the writ petition are as follows:- According to him, at the time of filing of the writ petition in the year 1990, he was a graduate and studying Chartered Accountancy. He read a news item in the press on 14. 12. 89 and subsequently regarding police firing in Vaiyampatti in Manapparai Taluk. Since he is a native of neighbouring taluk, he took interest in knowing about the follow up action by the authorities concerned. He collected relevant information from the newspapers. It is stated that English daily Indian Express (Madras Edition) dated 15. 12. 89 published a news item under a caption ' One dies in firing, as mob attacks police' wherein it was stated that one person was killed and about 30 others, including Police men, were injured when Police opened fire on a 1000 strong mob which gheraoed the Vaiyampatti Police Station, about 60 km from Kulithalai on the Trichy Dindigul Road, on Wednesday night. It is further stated that the body of a man was found hanging from a tree behind the Vaiyampatti Police Station a few days back. THE local people complained to the police, but the police allegedly did not do anything about this, the body began to putrify. THE people began to suspect foul play. THEy assumed that the man had been murdered by the police and the body hung from the tree. Telegrams were sent to the Chief Minister, top Police Officials and the Trichy District collector; but nothing happened. THE said incident was published in other dailies as well as weeklies and in Tamil weekly magazines. THE deponent of the affidavit met the victim and others. Likewise he met one Kuttikara Thomas, father of Arokkiyasamy who died in the firing. It is stated that Arokkiyasamy was the only bread-winner of his family and due to his death, the family members are facing crisis. Apart from the death of Arokyasamy, a number of persons got injured in the firing and some of them are seriously injured. THE police had registered a case in Crime No. 258 of 1989 under Sections 147, 148, 323, 332, 341, 353, 427 and 307 of Indian Penal Code. It is further stated that there were more than one death in the police custody in the recent past and a rape was said to be committed by a Sub-Inspector. In respect of the death of one Mookan, whose body was hanging in the tree within the compound of the police Station and also death of another person by name Arokyasamy in Police firing two enquiries were conducted at the instance of the Government. It is further stated that Mookan alias Ayyappan, aged about 35 years who died due to torture by police was a resident of Kunda Goundanur near Balaviduthi in manapparai Taluk. It is further seen from the affidavit that one Ayyavu naicker, a resident of Cheethapatti Village game a complaint to the policy regarding theft of his two wheeler. When the said Mukkan had a quarrel with some of the residents of Kallupatti, he was brought to the Police and they found that he had stolen the said two wheeler. He was illegally kept in the police Station in Vaiyampatti and tortured by police. He was treated by a local doctor. It is stated that inasmuch as the family of the deceased Mookan who was said to be tortured and killed by the police personnel of Vaiyampatti Police station, he is entitled for a reasonable amount of compensation. Likewise, the family of the deceased Arokyasamy who died in the Police firing on 13. 12. 89 are also entitled to a reasonable compensation. In such situation, by way of public interest litigation, he has filed the present writ petition for appropriate relief in favour of the victims.

(3.) THIS is a public interest litigation filed by the petitioner, who is a native of Kulithalai, Trichy District, wherein he has prayed for compensation to the families of deceased Mookan and Arokiasamy as well as payment of compensation to the persons injured in the Police firing. It is seen from the pleadings of both sides that on 13. 12. 1989 a dead body was found hanging from a Tamarind tree within the premises of Vaiyampatti Police station, Manapparai taluk. Suspecting some foul play, a group of persons ranging about 2000 local people assembled unlawfully in front of the Police station and obstructed the vehicular traffic and also threatened that the body hanging from the tree should not be removed till the arrival of the District collector and Superintendent of Police of the District. According to the respondents, the group of persons ranging about 2000 without heeding to the advice, attempted to enter into the police Station with the common intention of assaulting Police men and causing damages to public properties. It is further stated that in order to restore normal traffic on the National Highways, and to protect the public properties and records kept in the Police Station and save the lives of officials, they resorted to firing. In the police firing, one arokiasamy of Karungulam village succumbed to buck shot injuries and nine other persons sustained injuries. It is also seen from the records that Revenue divisional Officer and Sub-Divisional Magistrate, Trichy held inquest on the dead body of the said Arokiasamy and that the Sub- Collector and Sub-Divisional magistrate, Karur held inquest on the dead body found hanging subsequently. The magisterial enquiry under Police Standing Order 144 (3) was ordered to enquire into the circumstances and justification or otherwise for the police firing. The enquiry relating to the firing was conducted by the District Revenue Officer and Additional District Magistrate, Tiruchy. The sub collector and sub divisional Magistrate, Karur, conducted an enquiry with regard to the death of mookan. It is also seen from the counter affidavit that the Government have accepted the report of the District Revenue Officer justifying the police firing and ordered financial relief of Rs. 10,000 from the Chief Minister's public Relief Fund in favour of the family of Arokiasamy and Rs. 1000 each was paid to 9 persons who were injured in the course of events connected with police firing. Likewise the Government have accepted the report of the sub collector and sub Divisional Magistrate, Karur and as directed by the authority, the Government have prosecuted 3 Police Officers in connection with the death of Mookan.