Custodial Death in Chennai: NHRC asks for higher compensation

A police party out on a prohibition raid, intercepted and apprehended two individuals caught travelling with 50 litres of arrack (country liquor). One of the two men escaped and the other, Perumal Thevar, was arrested. The police then went on to raid another village, where Perumal Thevar allegedly complained of chest pain. The Sub-Inspector of Police, who was among the police party, reportedly dropped him off at a nearby village, Kodanaikenpatti. However, Perumal Thevar's dead body was thereafter found on the outskirts of the village the following morning. The post-mortem attributed the cause of death to asphyxia due to drowning. The deceased also had a number of wounds on his face, back and buttocks. It was concluded that Perumal Thevar's head had been submerged in a tank by the policemen, till he died.

State authorities took prompt action to prosecute the errant police officers, registering a case against the S.I. and seven other police officials under the Indian Penal Code, as well as taking departmental action against them. The State Government also sanctioned Rs. 50,000/- to be paid to the family of the deceased, and directed this sum to be recovered from the eight policemen.

The Commission, which is informed of all custodial deaths, was satisfied with the prompt manner in which the case was handled, but disagreed strongly with the amount awarded as compensation. It stated that the custodial death of Perumal Thevar was a gross violation of human rights. The loss of life, on the face of it, appeared to be the result of blatant and brutal acts perpetrated on him by none other than members of a force whose duty and responsibility it is to protect the citizenry of the country from any such onslaughts. The Commission, therefore, was of the view that a sum of Rs. 2,50,000 should have been paid to the family of the victim.

It has accordingly recommended that the family of the deceased be paid a further sum of Rs.2 lakhs by the Government of Tamil Nadu, as ‘immediate interim relief’.