Damages sought over custodial assault

Man says he was illegally detained and tortured by the police

March 23, 2013 12:57 pm | Updated 12:57 pm IST - MADURAI:

A 31-year-old man has moved the High Court Bench here seeking a compensation of Rs. 75 lakh from the Kanyakumari district police for alleged illegal detention and custodial torture.

I. Auspin Jebaraj, a MCA graduate living in Kattuvila, was reportedly taken away by the Kanyakumari police from his house on October 21, 2011 in a case filed under the Explosive Substances Act. He was physically assaulted by the police in Kolachel, Puthukkadai, Kuzhithurai and Karungal police stations before being produced at the Judicial Magistrate Court, he claimed.

He further claimed that he was denied proper medical treatment during the period of his illegal detention — from October 21, 2011 to January 21, 2012. On November 19, 2011, he was booked under the Goondas Act but an advisory board set aside the order of detention on January 4, 2012 after being convinced that he did not commit any offence, he said.

Mr. Auspin, who was pursuing MBA in distance education mode at the time of his detention, contended that he is undergoing physiotherapy treatment to date as a result of the police assault.

“I am not in a position to continue my studies and I am not able to complete ‘Computer General Knowledge Volume II,’ the paper I was writing at the time of detention,” he told the court.

The police seized his laptop, gold ring, two mobile phones and Iphone among other items and have not returned them, he added. “The police took the law into their hands. They have exceeded their jurisdiction and are liable to pay compensation for the physical and mental torture I sustained in their hands,” Mr. Auspin contended while seeking compensation. The representation made by his family to the Principal Secretary of the State government on February 2, 2012 seeking action against the police has not been answered, he claimed.

Justice K.K. Sasidharan issued directions to the Secretary of Home Department and the Kanyakumari police. The case has been posted for further hearing on April 9.

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