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.
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