Tamil Nadu - Chennai   

Compensation for wife of custodial death victim

CHENNAI: Citizens cannot be allowed to go without relief if they are deprived of their fundamental right by the police. If such acts are found uncontrollable by the State, Article 226 vests this court with the power to order compensation, the Madras High Court has said.

Directing the State government, represented by the Home Secretary, to pay Rs.5 lakh in compensation, in four weeks, to a woman for the custodial death of her husband at the Pallavaram police station 15 years ago, Justice K. Chandru said the policemen found guilty were let off with minor punishments, and the action of the State was condemnable. As those officers had not been made parties to the writ petition, the court was unable to take action against them.

However, the judge said he was directing the government to proceed against those officers after serving notices on them; and recover the amounts from their salaries, if need be.

In her writ petition, R. Rajamani said her husband, Rajaram, a mason, was taken into police custody in June 1993 for allegedly selling illicit liquor. She tried to meet him, but failed. Later, she heard that her husband was tortured to death by the personnel of the Pallavaram station.

Mr. Justice Chandru said the petition was admitted in September 1999. Only when the court directed the respondents to produce the original file relating to the RDO enquiry, did the government file a counter affidavit. The counter tried to sidetrack the issue.

Allowing the petition, the judge said that when it was factually proved by the government that Rajaram was tortured by the police and suffered illegal detention and injuries which resulted in his death, the only question that remained to be answered was the quantum of compensation the petitioner and her family were entitled to.

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