Take action against police personnel involved in custodial death case, says HC

The Madurai Bench of the Madras High Court has directed the Director General of Police to take appropriate action against the police officials involved in the custodial death of a man in Madurai in 2014.

The court was hearing a petition filed in 2015 by E. Maheswari of Madurai, who sought a direction to the State to initiate appropriate disciplinary action against the Madurai police officials who were involved in the custodial death of her husband Esakki Muthu, an accused in a murder case.

The petitioner said in 2014 her husband was taken to Anna Nagar police station on the pretext of an inquiry, and he was beaten up brutally there. In order to escape from the consequences, the police foisted a case against him under Section 302 (murder) of the Indian Penal Code. He was also remanded in judicial custody. Later, her husband died in prison, she said.

Justice B. Pugalendhi observed that Tamil Nadu had a long history of police excess. The court said according to the data from the Lok Sabha, 478 deaths were reported while suspects were in judicial or police custody between 20162017 and 202122 (up to February 28). Even after the Sattankulam case, custodial torture and death had not been curtailed in Tamil Nadu, the court observed.

The police had been provided with lathis and arms in order to safeguard themselves and the general public. But, they could not be used as weapons to torture the general public or the offenders, the court observed.

The court observed that some police officers were under the impression that investigation could be conducted only by way of torture. This attitude needed to be mended.

The top officials should take stringent action against the officers responsible for the custodial death of the petitioner’s husband, including the officers who attempted to protect them by protracting the departmental proceedings and those who attempted to close the criminal case, the court observed.

The court directed the DGP to reopen departmental proceedings and take appropriate action against all the police officers responsible for the custodial death. The CBCID was directed to file the final report without waiting for the sanction.

Further, the court directed the government to pass necessary orders providing scholarship to the children of the petitioner for their studies, apart from the compensation already provided. The government had provided compensation of ₹5 lakh to the petitioner’s family. The compensation might not be sufficient for the petitioner to bring up her children, the court observed.