SHRC orders TN govt to pay Rs 5 lakh compensation to kin of man who died in police custody

CHENNAI: Holding officials of the Tirupur police responsible for the death of a suspect in custody, the State Human Rights Commission has directed the Tamil Nadu government to compensate Rs 5 lakh to the deceased’s family.
The commission also recommended disciplinary action against the cops, an assistant jailor and doctors at the forensic department of the Coimbatore Medical College Hospital for falsifying the postmortem report.
According to the complaint by S Sathya of Theni, her late husband Sanjeevi owned a car, which he had let out for hiring. On December 28, 2014, two personnel from Velampalayam police station in Tirupur district inquired about her husband stating that he was involved in a theft case. Sathya left to her parents’ house after the incident.
Four days later, a relative informed Sathya that her husband had died in the police custody. When she went to the Coimbatore Medical College Hospital, she was told that her husband had of asthma.
According to Sathya’s complaint, her husband was hale and healthy and had not taken any treatment for asthma. She alleged that he had been beaten to death by the police and it was suppressed by the police in collusion with the jailor and government doctors.
In response, the police personnel and the jailor mentioned in the complaint denied the allegations. The police personnel stated that they had received a complaint about missing pieces of cloth bundles from an export company. During random vehicle check, a police party had intercepted the deceased’s car on the Chettipalayam road, they said.
The driver of the car abandoned the vehicle and fled while two others were secured by the police. He was eventually arrested and given proper treatment for the injuries sustained by him at the time of chasing him. He was produced before a judicial magistrate who remanded him in judicial custody.
“While the accused, Sanjeevi, was in judicial custody in Tirupur sub-jail, he was not well and he was admitted in Government Hospital, Tirupur. After treatment, he was lodged in the sub-jail. Once again, he fell ill and was brought to the hospital, but Sanjeevi died in the hospital due to a lung disease,” their response stated and submitted that the doctors and judicial magistrate too backed their statements.
The government doctor, who conducted the postmortem, in his response, stated that it was false to say that he had colluded with the police and that he had not conducted postmortem on the body of Sanjeevi in a proper manner. He denied the charge that he had given a wrong opinion that the deceased had died of a lung disease.
SHRC acting chairman D Jayachandran, after perusing the documents and evidences submitted, held that the police, the jailor and the government doctor had failed to prove that the deceased had died due to a lung disease.
“Apparently, the victim died in police custody and the sequence of events is indicative of possible abuse of power by the police force, violating the right to life of the deceased. The failure on the part of the respondents to depose before this commission regarding the death of the deceased is fatal to the respondents,” the commission said.
The commission stated that the doctors, in order to help the police, had falsely created a postmortem certificate and a final report and suppressed the real fact which would amount to dereliction of their duty.
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