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Author is a sitting Judge at the Madras High Court)Justice Anand Venkatesh
by Sekar Reporter · Published December 29, 2020
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THE HON’BLE MR. JUSTICE R.MAHADEVAN and THE HON’BLE MR. JUSTICE J.SATHYA NARAYANA PRASAD T.C.A.No.103 of 2022 M/s.Ankit Ispat Private Limited, case. For Appellant : Mr.N.V.Balaji For Respondent : Mr.T.Ravikumar, Senior Standing Counsel JUDGMENT R.MAHADEVAN, J. ,
by Sekar Reporter · Published June 13, 2022
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The post mortem has been conducted only on 09.08.2002 when the demise of Dhanapal was on 07.08.2002. The requisition for post mortem is itself dated 09.08.2002 at 02.40 p.m., and there is no explanation whatsoever as to why the body of Dhanapal was retained by the authorities for 48 hours from demise without reference to post mortem. The body has decomposed in the interim as no measures have been taken to preserve the same in formalin. It is all too apparent that the attempt of the authorities was to disrupt the integrity of the body and ensure its decomposition so that all evidence of violence would stand effaced / erased. This is a calculated attempt of the police authorities. The reference to or post mortem has been made on 09.08.2002 jointly by the Revenue Divisional Officer and the Sub Divisional Magistrate of Tiruchirappalli and in the absence of explanation tendered for retention of the body of Dhanapal for 48 hours before reference to post mortem, I am of the unambiguous view that the petitioner is entitled to mandamus as sought for. Vide G.O. Dated 14.02.2023 compensation payable stands enhanced as follows: S.No 1 2 3 Description (i) Death due to police torture (ii) Death due to police firing (iii) Rape by police Permanent incapacitation Death in police custody where direct torture could not be established (like negligence in giving treatment etc) Financial Payable Relief Rs.7.50 lakhs Rs.7.50 lakhs Rs.7.50 lakhs Rs.7.50 lakhs Rs.3 lakhs 4 (i) Victim commits suicides due to instigation / ill treatment by police (ii) Where there is partial incapacitations such as loss of eye / hand/limb (iii) Case of torture which is proved by JM/RDO inquiry (i.e., custodial violence not resulting in death / permanent / partial incapacitation) Rs.3 lakhs Rs.3 lakhs Rs.3 lakhs This Writ Petition is allowed. The petitioner will be paid compensation of Rs.10,00,000/- within four weeks from date of receipt of this order both for custodial torture and demise of Dhanapal in police custody. If payment is delayed beyond the period as aforesaid, interest will be paid at 8% p.a. for the amount of compensation ordered. No costs. 26.06.2023 Index : Yes / No Speaking Order/Non-speaking order Neutral citation:Yes/No Sl/sm To 1.State of Tamil Nadu rep. by its Secretary, Public Department, Fort St. George, Chennai 600 009. 2.The District Collector, Thanjavur District, Thanjavur. 3.Inspector of Police, Kallaperambur Police Station, Thanjavur District. 4.The Superintendent, Central Prison, Tiruchirappalli. 5.The Superintendent, Sub Jail, Thanjavur. DR.ANITA SUMANTH, J. WP.No.33577 of 2005 26.06.2023
by Sekar Reporter · Published September 17, 2023