HC directs T.N. Govt to pay compensation of ₹1 lakh to woman lawyer

She had suffered bleeding injuries and collapsed outside a judge’s chambers when the police were involved in a hot chase with an accused inside Chengalpattu district court campus

A view of the Madrad High Court in Chennai. File

The Madras High Court has directed the State Government to pay a compensation of ₹1 lakh to a woman lawyer who suffered a severe blow and had to be hospitalised when some policemen chased an accused inside the Chengalpattu district court campus on July 28, 2017.

Justice S.M. Subramaniam made it clear that the money should not be recovered from the police personnel concerned since they were only performing their duty and had no intention to cause harm to the lawyer. However, the victim should be compensated by the State, he ordered.

The orders were passed while disposing of a writ petition filed by the lawyer M.E.V. Thulasi in 2019 seeking a direction to the Home Secretary and Director General of Police to initiate departmental action against two head constables and one Grade I constable who had caused injuries to her.

The petitioner told the court that she had just stepped out of the court hall of an Additional District Judge at Chengalpattu after arguing a civil suit on the fateful day when she suffered a severe blow on her body on account of the chase and collapsed near the chambers of the judge.

Since she was bleeding profusely from her forehead, the Chengalpattu Bar members admitted her at the local government hospital. From there, she was shifted to a private hospital and had to incur huge expense of ₹3 lakh for undergoing a surgery on her right knee.

The petitioner’s counsel Ma. Gouthaman accused the policemen of being the reason for her misery by indulging in the negligent act of barging into the court premises in their anxiety to catch the accused Venkatesan, wanted in many criminal cases and involving themselves in a hasty chase.

On the other hand, Government Advocate S. Rajesh said, only the accused and not the police could be blamed for the injuries suffered by the lawyer. He said that Venkatesan was a hardcore criminal and the policemen had only taken earnest efforts to arrest him when he attempted to flee.

After hearing both sides, Justice Subramaniam concluded that the policemen could not be punished for having performed their duty. However, the State should necessarily compensate for the medical expenses incurred by the innocent petitioner who ended up getting hurt in the hot chase, he said.