The Madras High Court Bench here has confirmed an award passed by State Human Rights Commission asking the State to pay a compensation of Rs.15,000 and then recover it from the police officer concerned.
High Court comes to rescue of woman assaulted by police 12 years ago
Twelve years after a woman was detained illegally in a city police station for four days and beaten black and blue as part of an enquiry into a baby lifting case, the Madras High Court Bench here has confirmed an award passed by State Human Rights Commission asking the State to pay a compensation of Rs.15,000 and then recover it from the police officer concerned.
Dismissing a 2011 writ appeal filed by Sub-Inspector of Police K. Shobana, a Division Bench of Justices V. Ramasubramanian and N. Kirubakaran confirmed an order passed by Justice K. Chandru on September 14, 2010 directing the State to comply with the SHRC’s recommendation made on October 3, 2006 while disposing of an application preferred by the victim Paulthai in 2003.
According to the victim’s counsel R. Karunanithi, the Sub-Inspector had taken his client to Tallakulam police station, on the instructions of an Assistant Commissioner of Police, on April 27, 2003 for enquiry into missing of newborns from Government Rajaji Hospital here. He claimed that the woman was detained in the police station until April 30, 2003 and assaulted brutally with a baton.
After her release, the victim had taken treatment for her injuries in a government hospital and then lodged a complaint with the SHRC which, after an elaborate enquiry and examination of witnesses, concluded that “Ms. Shobana had committed human rights violation against the complainant Paulthai.” It also recommended for payment of a compensation of Rs.15,000 by the State Government.
Though the Sub-Inspector had challenged the SHRC’s order in 2007, her writ petition remained pending until Mr. Justice Chandru dismissed it in 2010 stating that the petitioner had clearly violated guidelines laid down by the Supreme Court in D.K. Basu’s case mandating police officers to produce every other arrestee within 24 hours before the Judicial Magistrate concerned.
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