Complainant was arrested illegally and harassed in custody

The Puducherry Human Rights Committee has found five policemen attached to the Dhanvantari Nagar Police Station guilty of arresting a person illegally and causing physical harassment to him in custody.

The Committee also found tahsildar R. Djeacoumar, on whose complaint the victim was illegally arrested, of violating established rules while issuing OBC certificate to a woman candidate Tasneema Abbasi selected for the lecturer post in Pondicherry University.

The Committee has directed the government to initiate departmental proceedings against Sub Inspector of Police Balamurugan, constables Raghunath, Ramalingam, Radjou, Ramadoss and tahsildar R Djeacoumar. Committee chairman and retired judge J.A.K Sampath in its report to the Registrar-General of Supreme Court and the Government of Puducherry has found the policemen guilty of arresting A.Sathyanarayanan, a resident of Poornakuppam here, while he was on anticipatory bail and inflicting injuries on him in police custody.

Mr. Sathyanarayanan, in his complaint, said that he had filed a representation before the tahsildar seeking clarification regarding issuance of OBC certificate to the woman candidate without following the well-laid out guidelines. When Mr. Sathyanarayanan went to the tahsildar to get an update on the representation he submitted, the latter lodged a complaint accusing him of trespassing into his office. Based on the complaint lodged by the tahsildar, he was arrested despite obtaining anticipatory bail.

The Judge in his report noted that it was established that the complainant was arrested illegally. “The complainant sustained injuries prima facie while he was in custody is proved. More so without conducting proper investigation, the Station House Officer laid charge sheet against the accused and the same is pending. Motive aspect of the case was not at all investigated by the SHO in this regard. Had the SHO made a detailed investigation with regard to the motive , he would not have made a charge sheet against the accused. He would have dropped the case,” the Judge observed.

The police initiated action against the complainant even as the government was taking steps to cancel the OBC certificate issued to Tasneema, he said. “As the act of issuing OBC certificate in favour of Tasneema Abbasi is not bona fide, the SHO should have taken criminal action against the persons who are responsible for issuing the OBC certificate against the government guidelines… At least now to save the face of the government, if no action was taken so far the authorities have to initiate proceedings against erring persons,” he added.

Since the woman candidate was able to obtain the OBC certificate wrongfully, the complainant was seriously affected by not getting the job under the OBC quota, the report pointed out.