MADURAI: The Madras high court has directed the state government to pay Rs 2 lakh compensation to the family of an ex-servicemen who was subjected to custodial torture 40 years ago in Madurai district.
Nallakaman, an ex-serviceman and his wife had leased out a house owned by Bairav Singh who was working as assistant sub-inspector of police in 1976. There were problems among them with regard to the tenancy. At the instance of Singh, Nallakaman and his wife were taken to the police station where the then SI Prem Kumar threatened him to vacate the house.
Since Singh was from the police department, Kumar took undue interest in the civil dispute and took Nallakaman to the Vadipatti police station on February 1, 1982.
Kumar stripped Nallakaman and he along with other policemen assaulted him. He also misbehaved with Nallakaman’s wife, removed her sari and made her sit in the lockup. Subsequently, the policemen cuffed Nallakaman and paraded him in his undergarments to the Vadipatti bus stand.
Since it was witnessed by several people, the Usilampatti revenue divisional officer (RDO) conducted an inquiry and submitted a report to the collector, concluding that there was police excess. Based on the report, a criminal case was registered against Kumar and other policemen, however, the trial court released the accused.
Subsequently, the high court in 2007, set aside the order and sentenced the accused to undergo one month simple imprisonment. In 2010, the Supreme Court acquitted Kumar, by extending the benefit of doubt.
In 2021, Nallakaman, who was about 78 years, filed the preset petition before HC Madurai bench, seeking compensation of ₹20 lakh. Since Nallakaman died during the pendency of the petition, his son was impleaded as the petitioner. However, the police filed a counter affidavit stating that there was no ground to compensate the petitioner when Kumar died in 2010.
Justice G Jayachandran observed that RDO’s report reveals that Nallakaman was subjected to custodial torture. The judge said that the extension of benefit of doubt to Kumar without assigning any reason by the Supreme Court, cannot stand in the way of granting relief in this petition.
The judge observed, “The state, which has encouraged people like Prem Kumar to abuse their power on innocent persons, should be informed that personal life and liberty of a person cannot be deprived on any account. When deprivation of human rights is patently proved by records and through evidence, the state ought to have taken action on their own, instead of allowing the perpetrator of the crime to continue in service and say that the victim is not entitled for compensation in view of laches.”
Since the person who suffered ignominy at the hands of the police is no more, the judge directed the state government to pay Rs2 lakh compensation as a token of redressal to his grievance.
