Expressing disappointment over the lethargic attitude on the part of “high-ranking police officials” in initiating departmental proceedings against their subordinates in spite of specific recommendations by the CB-CID in relation to a case of custodial torture, the Madras High Court has granted ₹10 lakh as compensation to the family of the victim.
‘Joint tortfeasors’
Terming the officers responsible – Deputy Superintendent of Police K.R. Vijayabhaskaran, Inspector R. Balaji and Sub-Inspector M. Baskaran, attached to the Melur police station in Madurai — as “joint tortfeasors”, Justice M.S. Ramesh said, “It would be open to the State government to recover the compensation from the erring officials.”
In 2010, Nambu alias Ramesh, a private car driver, was picked up by the Melur police for inquiry into three missing gold bars, given to him by his boss, which he was supposed to hand over to a shop in Madurai.
After days of custodial torture, on May 11, 2010, Nambu was admitted to a private hospital, where he was declared dead. The case was transferred to the CB-CID. The investigating officer concluded that the deceased may have died due to natural illness and that the police officers were not responsible for his death. However, the CB-CID remarked that Nambu was ill-treated during the inquiry, which led to him being hospitalised. The report also pointed to certain procedural lapses on the part of the officials.
Another report submitted by the Revenue Divisional Officer (RDO) stated that there were contusions on the body of the deceased, which might have been caused by torture.
Following this, the family of the deceased approached the court, alleging that he had been subjected to custodial torture. Opposing their application, the government contended that the family could only seek civil remedy for damages.
Noting that the incident had occurred way back in 2010, and that even after seven years had lapsed, it is now being submitted that the government is still in the process of initiating departmental proceedings against the erring officials, the judge held that the officials have handled the case in an incautious and ruthless manner, for which the victim’s family is entitled to be compensated.
