Madras High Court
Ossie Fernandes vs The State Of Tamilnadu on 28 July, 2015
Bench: Sanjay Kishan Kaul, T.S.Sivagnanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2015
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE T.S.SIVAGNANAM
W.P.No.18154 of 2014
Ossie Fernandes
Co-Convenor, Campaign for
Custodial Justice and Abolition of
Torture, Chennai. .. Petitioner
-vs-
1.The State of Tamilnadu
Rep. by Secretary to Govt.,
Home Department, Fort St. George,
Chennai.
2.The District Collector,
Nagapattinam District, District
Collectorate, Public Office Road,
Nagapattinam.
(R-2 cause title amended as per
order dated 19.12.2014 in MP.4/2014)
3.The Director General of Police,
Office of Director General of Police,
Mylapore, Chennai.
4.The Superintendent of Police,
Office of Superintendent of Police,
Nagapattinam District.
5.Inspector of Police,
Nagoor Police Station, Nagoor,
Nagapattinam.
6.S.S.I. Jayakumar
Nagoor Police Station, Nagoor,
Nagapattinam.
7.The Dean
Government Hospital,
Nagapattinam. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct an impartial and detailed enquiry by a retired District Judge for the custodial torture and custodial death of Suresh, within the stipulated time fixed by this Court.
For Petitioner : M/s.P.Uma
For Respondent : Mr.S.T.S.Moorthy
Govt. Pleader for RR 1 to 5 and 7
: No appearance for R-6
* * * * *
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The Chief Medical Officer / Hospital Superintendent in the Government District Head Quarters Hospital, Nagapattinam, has filed an affidavit on behalf of 7th respondent relating to the incident happened on the night of 31.12.2013. It is averred that the deceased was brought by the escort police for preliminary check-up before sending him to prison and at that time, the deceased was conscious, stuttering and was in an inebriated state. He suddenly collapsed and fell down and ultimately, passed away at 1.15 a.m. The Medical Officer has mentioned lacerated injury measuring 3x0.5x0.5 cm. found on the left hand palm of the deceased.
2.The affidavit also states that on post-mortem being conducted, three external injuries have been mentioned as under:
1.Laceration injury on the 4th web space of left hand;
2.Contusion (multiple transverse) over back; and
3.abrasions (two linear) about 5 cm. over back.
The certificate also mentioned that there was blood discharge on the left ear and frothy secretion in the mouth and nostrils and 30 cc blood clot present in the right ventricle. The viscera report reveals that alcohol or other poison was not detected and thus, in the post-mortem opinion, the cause of death is stated to be shock.
3.It is only the last order passed by us which seemed to have triggered some Government action finally, as is apparent from a letter dated 25.07.2015 placed before us, which refers to a Government Order of the even date sanctioning financial relief of Rs.5,00,000/- to the family of the deceased. Learned Government Pleader assures this Court that the payment would be made within one week.
4.In order to secure the money for the benefit of the family, an amount of Rs.2,00,000/- (Rupees two lakhs only) be kept in an interest-bearing three-year deposit for the benefit of the wife of the deceased, while a sum of Rs.1,00,000/- (Rupees one lakh only) each to be kept for the benefit of the two children for a period of five years. An amount of Rs.1,00,000/- (Rupees one lakh only) be released to the wife of the deceased for her immediate benefit.
5.In so far as the fate of Tr.N.S.Rajendran is concerned, who was the then Inspector of Police, Nagoor Police Station, who has exceeded his powers and has used unwarranted force, the letter dated 25.07.2015 states that a decision has been taken to initiate both criminal and departmental proceedings in view of the findings of the magisterial enquiry. The officer is stated to be under suspension. A status report be filed of the progress made in this behalf at least three days prior to the next date of hearing.
6.Learned counsel for the petitioner fairly states that nothing else is required to be done and we, accordingly, dispose of the writ petition. No costs.
7.List for compliance on 09.10.2015.
(S.K.K., CJ.) (T.S.S.,J.) 28.07.2015 Note: (i) Order copy be issued by 30.07.2015.
(ii) Mark a copy to the Section Officer, Writ Section, for listing the case on 09.10.2015 for compliance sra To
1.The State of Tamilnadu Rep. by Secretary to Govt., Home Department, Fort St. George, Chennai.
2.The District Collector, Nagapattinam District, District Collectorate, Public Office Road, Nagapattinam.
(R-2 cause title amended as per order dated 19.12.2014 in MP.4/2014)
3.The Director General of Police, Office of Director General of Police, Mylapore, Chennai.
4.The Superintendent of Police, Office of Superintendent of Police, Nagapattinam District.
5.Inspector of Police, Nagoor Police Station, Nagoor, Nagapattinam.
6.S.S.I. Jayakumar Nagoor Police Station, Nagoor, Nagapattinam.
7.The Dean Government Hospital, Nagapattinam.
The Hon'ble Chief Justice and T.S.Sivagnanam, J.
(sra) W.P.No.18154 of 2014 28.07.2015