The Tamil Nadu State Human Rights Commission (SHRC) has mandated a significant compensation of three lakh rupees for the family of a man who died in police custody in Tuticorin. In a decisive order, the commission has also called for disciplinary proceedings against a woman police sub-inspector for her role in the incident.
The Commission's Landmark Order
On Thursday, SHRC member V Kannadasan issued the ruling based on a petition filed by P Shanthi, the wife of the deceased A Pandiyarajan, back in 2017. The commission took a strong stance by recommending that the Tamil Nadu government recover the entire compensation amount from the personal funds of the then sub-inspector, J Chanthi Selvi, who was posted at the Tuticorin South Police Station.
Chronology of the Tragic Incident
The events leading to the tragedy unfolded on February 2, 2017, during a local church festival. Police officials detained Pandiyarajan following a dispute at the event. A case was registered against him under Indian Penal Code Sections 294(b), pertaining to obscene acts, and Section 353, which deals with assault on a public servant.
He was subsequently taken to the Tuticorin South police station. While in custody, Pandiyarajan reportedly complained of chest pain. He was rushed to the Thoothukudi Government Medical College Hospital, where doctors declared him dead.
Investigation Reveals Procedural Lapses
The SHRC's investigation wing, acting on the complaint, meticulously examined the circumstances alongside a detailed report from the judicial magistrate. While medical records indicated that Pandiyarajan had a pre-existing coronary condition, the judicial magistrate's findings were crucial.
The report suggested that injuries sustained during custody could have played a role in his death, particularly given his vulnerable health state. Based on these findings, the commission concluded that Sub-Inspector Chanthi Selvi failed to adhere to mandatory procedures outlined in the Criminal Procedure Code (CrPC).
Furthermore, she could not provide a satisfactory explanation for how the injuries occurred. The SHRC observed that the failure to ensure timely medical care and comply with procedural safeguards directly led to a grave violation of human rights.
This order underscores the accountability mechanisms for law enforcement and reinforces the imperative of following due process, especially for individuals in vulnerable situations within the criminal justice system.
