The Madurai Bench of the Madras High Court has directed the State to pay a compensation of ₹ two lakh to the family members of an ex-serviceman who was tortured by the police in custody in 1982 in Madurai district.
The court was hearing the petition filed in 2012 by ex-serviceman S. Nallakaman. He sought appropriate compensation from the State. He said that in 1982, he and his wife were tortured by police in Vadipatti, Madurai district.
He and his wife had entered into an agreement with Assistant Sub-Inspector of Police Armed Reserve Bairav Singh with respect to house tenancy. Later, Nallakaman and his family were asked to vacate the house.
It was said that Sub-Inspector Prem Kumar took an undue interest in the civil dispute and he had tortured Nallakaman. The police also misbehaved with Nallakaman’s wife. There was a protest in Vadipatti following the incident and an inquiry was ordered by the Collector.
Prem Kumar was later acquitted. It was said that Premkumar died in 2010, two years prior to Nallakaman filing the petition seeking compensation before the court. Following the death of Nallakaman in 2021, his son Sundarapandian was added as petitioner.
Justice D. Jayachandran took into account the fact that a Revenue Divisional Officer inquiry was conducted in the custodial torture case. Prem Kumar, the perpetrator of the crime, was acquitted by extending the benefit of doubt, the court said.
However, the custodial torture was recorded by the Revenue Divisional Officer in the inquiry report. When deprivation of human rights is patently proved by record and through evidence, the State ought to have taken action on their own, the court said.
