National Human Right Commission
directed to send a detailed final report along with specific remarks. Thereafter,
RDO, Sivakasi sent a final report dated 29 May 2013. In the final report, the
Inquiry Officer referred to a report submitted by the Dean of Government
Rajaji Hospital, Madurai stating that the current visual loss in the right eye was
due to complicated cataract retinal detachment pthysis and there was no sign
of recent injury in the eye. It was also pointed out by the District Collector in
his response that no other eye witness except the boy and his companions had
come forward to prove the torture inflicted by the police. The allegation that
the eye was damaged due to recent police torture could not be proved against
the police.
4.52 Upon considering the reply to the show cause notice and material on
record, the Commission observed and directed as under:
“The Commission has carefully examined the reply submitted by
District Collector, Virudhunagar and also the final inquiry report
of RDO, Sivakasi. It is to be noted that the same set of witnesses
was examined by RDO, Sivakasi during the preliminary inquiry and
the final inquiry. The four boys who were summoned to the police
station along with Pathampriyan testified at both stages that while
Pathampriyan was being interrogated in a room, they had heard
sounds of beating and cries of Pathampriyan. The testimony of the
boys is corroborated by medical evidence. So, there can be no doubt
that Pathampriyan was subjected to torture during interrogation
by the police.
As regards the visual loss in the right eye, the Dean of Government
Rajaji Hospital, Madurai where the boy was treated shortly after the
incident, opined in his report that the visual loss in the right eye is
due to long standing cataract and there is no sign of recent injury in
the eye. The witnesses stated during inquiry by the RDO that when
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Annual Report - 2015-2016