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HC orders TN govt to pay relief to man who claimed police

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Press Trust of India Chennai
Last Updated : Dec 17 2016 | 6:28 PM IST
The Madras High Court has directed the Tamil Nadu government to provide a compensation of Rs three lakh with interest to a man who had claimed to have sustained injuries during a police probe into a theft case in Thanjavur district in 2010.
Justice M V Muralidaran gave the direction while disposing of a petition filed by victim Selvaraj's mother Banumathi, seeking a compensation of Rs five lakh and action against police officials who allegedly beat him up during the investigation.
The judge ordered payment of compensation with interest at the rate of six per cent per annum from July 19, 2010, within six weeks from the date of receipt of the order copy.
After perusing the medical records produced by the petitioner, the court, in its order yesterday, said, "The offenders who assaulted the petitioner's son were not prosecuted by the state since it did not investigate the case (theft) properly."
The Right to Life and Right to Justice are fundamental rights of the citizens of this country under Article 21 of the Constitution of India, the court said.
"Keeping the above distinction in mind, if we look at the facts of the present case, it will be clear that the petitioner's son was seriously injured and hence the petitioner being the mother of the victim is entitled to claim the compensation on behalf of the victim," it said.
"Further, the petitioner's son became victim of crime and he is entitled for getting compensation under Section 357-A of CrPc. Therefore, this court comes to a conclusion that the state is liable for payment of compensation to the petitioner's son," the court said.

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The petitioner had alleged that her son was taken to the house of an advocate, Chithiraiselvan, on April 20, 2010 and ruthlessly beaten up by a group, which asked him to reveal the whereabouts of some stolen properties.
Later, they took him to Poothalur police station, where the then Sub-Inspector of Police, Abdul Latheef, forced her son to confess to having committed the theft and hit him on his hand with iron-edged baton, she alleged.
Police had said he was picked up in connection with the theft case.
She said her son sustained severe head injuries and was admitted to a private hospital.
Representations were made to the state government with all medical records of the treatment given to Selvaraj in various government and private hospitals in Thanjavur and Madurai but there was no response, the petitioner said.

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First Published: Dec 17 2016 | 6:28 PM IST

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