The Madras High Court Bench here on Tuesday directed the State government to pay a compensation of Rs.6 lakh to a HIV patient made to undergo imprisonment for six years, nine months and 14 days through misrepresentation in an unconnected case.
Holding the State responsible for the “serious human rights violation,” Justice S. Nagamuthu ordered that the first instalment of Rs.1.5 lakh be handed over to the victim in open court on June 16 for his medical expenses.
Ordering payment of the rest of the amount within two months, the judge recorded that the State as well as the Police Department had not disputed the victim’s claim that he had nothing to do with the criminal case in which he was prosecuted in place of another accused.
Expressing deep anguish over the higher police officials as well as the Legal Services Authority for not taking any action for nearly seven years despite several representations made by the victim, the judge said: “I hope that this would be the last case of this sort in this State.”
At the same breath, he appreciated Sessions Judge K. Venkataswamy who acted swiftly on a petition filed by the victim when the former was serving in Dindigul in 2012 and found out through an elaborate inquiry that the HIV patient had no connection whatsoever with the case. Mr. Justice Nagamuthu also directed the State government to appoint Theni Superintendent of Police J. Mahesh to inquire into the entire episode ever since the Dindigul Town West Police arrested the victim in 2005 and fix responsibility on the officers responsible for his incarceration.
The judge agreed with victim’s counsel R. Alagumani that the police had infringed his client’s fundamental right to life and personal liberty by making him undergo imprisonment for nearly seven years much to the agony of his aged parents, wife and two school-going children.
He ordered that henceforth, all judicial officers in the State must be “vigilant” whenever the police produce people either for remand or remand extension and conduct a thorough inquiry with respect to the identity of the accused before remanding them to judicial custody.
