Illegal detention of 2 Adivasi boys by Kerala police, interim relief recommended
New Delhi, 26 May 2004
The NHRC has recommended that the state government of Kerala pay a sum of rupees ten thousand each as immediate interim relief to the two adivasi boys, who were illegally detained by police.
A complaint was received from the Christian Cultural Forum, Kollam in Kerala alleging that police officials of Agali in Attappaddi in Palkkad district of Kerala had illegally arrested 2 boys, Manikandan aged 16 years and Parameswaran aged 17 years and an adivasi woman, Kupamma on 25th May 1997. The police the complaint alleged had kept them in illegal custody for 23 days and during detention they beat Kupamma and even stuffed chilli power into her vagina. According to the complaint the three were released on 17th June 1997, after activists of the Girijan Service Society agitated against the police action. It said that on their release Manikandan and Parameswaran were admitted in hospital.
Taking cognizance, the Commission called for a report from the SP Palakkad, Kerala. In response a report dated 18th Dec. 1997 was received, stating that SP-CB/CID conducted an enquiry and it was found that Manikandan and Parameswaran were caught by an estate owner with the help of labourers on the suspicion that they had committed theft of Rs. 2,500/-.
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The three were handed over to Agali Police Station but the police did not register a case, as the estate owner was not willing to file a complaint. The report did admit that the police detained the boys illegally till 17th June 1997 and that the Circle Inspector, ASI and two Constables who were involved in the incident have been suspended.
The report also stated that Kuppamma, and another person went missing and a case in this regard was registered at the police station on 11th June 1997. They were, later, picked up from Coimbatore and produced before the Magistrate. It is alleged that Kuppamma made no allegations of torture before the court.
After considering the report, the Commission directed that a copy of the police report be sent to the complainant for comments with particular reference to the allegations made in the petition relating to Kuppamma. Since no response was received from the complainant, the Commission decided that no further action was called for as far as the allegations in relation to Kuppamma was concerned.
The Commission then directed that a show cause notice be issued to the Chief Secretary, Govt. of Kerala as to why immediate interim relief not be granted to Manikandan and Paramaswaran for their illegal detention.
In response to the show cause notice a letter was received from the government of Kerala saying a case had been registered at Agali Police Station against the erring police officials and departmental action also initiated against them, but a final decision was withheld since criminal cases instituted against them are pending before the court. It was further stated that the Kerala government is not in a position to make any payment till disposal of criminal cases pending before the court, since the alleged officers are liable
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to pay compensation, if any, awarded by the court.
The Commission considered the facts and circumstances of the case and it observed that pendency of criminal cases is no impediment to the award of immediate interim relief under the Protection of Human Rights Act. It went on to recommend payment of Rs. 10,000/- as immediate interim relief to each of the victims and asked the Government of Kerala to send a compliance report with 6 weeks.
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The NHRC has recommended that the state government of Kerala pay a sum of rupees ten thousand each as immediate interim relief to the two adivasi boys, who were illegally detained by police.
A complaint was received from the Christian Cultural Forum, Kollam in Kerala alleging that police officials of Agali in Attappaddi in Palkkad district of Kerala had illegally arrested 2 boys, Manikandan aged 16 years and Parameswaran aged 17 years and an adivasi woman, Kupamma on 25th May 1997. The police the complaint alleged had kept them in illegal custody for 23 days and during detention they beat Kupamma and even stuffed chilli power into her vagina. According to the complaint the three were released on 17th June 1997, after activists of the Girijan Service Society agitated against the police action. It said that on their release Manikandan and Parameswaran were admitted in hospital.
Taking cognizance, the Commission called for a report from the SP Palakkad, Kerala. In response a report dated 18th Dec. 1997 was received, stating that SP-CB/CID conducted an enquiry and it was found that Manikandan and Parameswaran were caught by an estate owner with the help of labourers on the suspicion that they had committed theft of Rs. 2,500/-.
-1-
The three were handed over to Agali Police Station but the police did not register a case, as the estate owner was not willing to file a complaint. The report did admit that the police detained the boys illegally till 17th June 1997 and that the Circle Inspector, ASI and two Constables who were involved in the incident have been suspended.
The report also stated that Kuppamma, and another person went missing and a case in this regard was registered at the police station on 11th June 1997. They were, later, picked up from Coimbatore and produced before the Magistrate. It is alleged that Kuppamma made no allegations of torture before the court.
After considering the report, the Commission directed that a copy of the police report be sent to the complainant for comments with particular reference to the allegations made in the petition relating to Kuppamma. Since no response was received from the complainant, the Commission decided that no further action was called for as far as the allegations in relation to Kuppamma was concerned.
The Commission then directed that a show cause notice be issued to the Chief Secretary, Govt. of Kerala as to why immediate interim relief not be granted to Manikandan and Paramaswaran for their illegal detention.
In response to the show cause notice a letter was received from the government of Kerala saying a case had been registered at Agali Police Station against the erring police officials and departmental action also initiated against them, but a final decision was withheld since criminal cases instituted against them are pending before the court. It was further stated that the Kerala government is not in a position to make any payment till disposal of criminal cases pending before the court, since the alleged officers are liable
-2-
to pay compensation, if any, awarded by the court.
The Commission considered the facts and circumstances of the case and it observed that pendency of criminal cases is no impediment to the award of immediate interim relief under the Protection of Human Rights Act. It went on to recommend payment of Rs. 10,000/- as immediate interim relief to each of the victims and asked the Government of Kerala to send a compliance report with 6 weeks.
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