Complaints before the Commission Tbrture by Tiruchi police resulting in the death of Shri Mohan (Case No. 4444/95-96/NHRC) The Commission received a telegraphic complaint from Smt Ayeeponnu stating that her husband was picked up by the police from their home on 3 September 1995, tortured at the police station and thereafter remanded to judicial custody. While in remand, he was hospitalised in a serious condition and died. The Commission called for a report from the DGP Tamil Nadu. The DGP stated that Mohan was arrested for selling arrack, and had been produced before the Judicial Magistrate the same day and remanded to judicial custody. En route to jail, following an epileptic fit he fell down and sustained a head injury. He was subsequently hospitalised and died. He also stated that the ^vidow had denied having sent a complaint to the Commission. The matter was further investigated by the Commission through the State Legal Aid and Advice Board, Chennai, and an opinion was also sought from the doctor who had ^ performed the autopsy. While the doctor stated that the deceased appeared to have died of shock and haemorrhage due to a head injury, the Legal Aid and Advice Board also reported that the widow denied having sent a complaint. The Commission examined the facts and circumstances and concluded that the telegram itself was a very telling one, as it was obvious that the widow, being an illiterate person, wished to avoid a confrontation with the police, and therefore denied having sent the telegram. The post-mortem report also indicated that the injuries could not have been caused by a mere fall to the ground due to an epileptic fit. The deceased also did not have a history of epilepsy. Based on the facts and clinical evidence available, the Commission came to the conclusion that the death was, indeed, due to head injuries inflicted by the police. The Commission accordingly recommended, that in order to compensate the loss of the precious life of the young man, the Government of Tamil Nadu should pay immediate interim relief in the amount of Rs. 2 lakhs to his wife, Smt Ayepponnu, within two months of the order. The District Collector was also directed to arrange a house for the widow with Rs. 50,000/- and give her a sum of Rs. 10,000/- for furniture, and arrange to deposit the balance amount in her name in a nationalised bank. The State Government was also directed to entrust the matter to the CBI for further investigation, to charge-sheet the persons responsible for the death and to take the case to its logical conclusion. The State Government was further asked to submit compliance reports periodically. The State Government has since sanctioned the amount of compensation recommended by the Commission. 99

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