HC takes serious view of officials not filing counter affidavits for eight years on a petition alleging custodial death

Madurai Bench of the Madras High Court has taken a serious view of the fact that for eight years no counter affidavits were filed on a 2015 petition filed by a woman alleging that police officials in Madurai were involved in the custodial death of her husband. Only recently the police officials involved in the case had filed their counter affidavits.

The court was hearing a petition filed by Maheswari. The petitioner sought a direction to the State to initiate appropriate disciplinary action against the Madurai police officials who were involved in the custodial death of her husband Esakki, an accused in a murder case.

Justice B. Pugalendhi took a serious view of the fact that though the police officials received summons as early as 2015, they had not filed their counter affidavits. In their recent counter affidavits, they claimed that the petitioner’s husband had died due to a heart ailment.

The court took note of the fact that the petitioner had filed the petition seeking compensation on the grounds that her husband was tortured by the police officials and as a result he died. It was alleged that the then Assistant Commissioner of Police, the then Inspectors of Police, the then Sub-Inspectors of Police and others were involved in the case.

The Secretary to the Home Department, Director General of Police, Inspector General of Police (South Zone), Madurai Collector and Superintendent of Police were also arrayed as respondents. However, the official respondents are yet to file their counter affidavit to the writ petition, the judge observed.

The court observed that the Superintendent of Dindigul Prison lodged a complaint before the Sub-Inspector of Police, Dindigul West Police Station in 2014 that one S. Esakki who was remanded in prison in connection with a murder case was in a serious condition with blood injuries at the time of lodging in the prison. The complaint also said that the accused was referred to the Government Hospital in Dindigul for treatment. However, he succumbed to the injuries sustained.

The court took note of the fact that the then Madurai Commissioner of Police had recommended disciplinary action against the police officials involved in the case. However, the development pursuant to this is not known. The status of the case registered by the Dindigul police is also not known, the court observed and sought a response from the State and posted the matter for hearing on March 31.