Over two years after an autorickshaw driver was allegedly tortured to death in police custody, the Madras High Court has been told that a departmental inquiry has proved that the inspector violated law and indulged in excesses.
Police in Nagapattinam stated in an affidivit before the first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh, last week that the departmental inquiry had proved that inspector N S Rajendran was guilty of delinquency.
It said the matter had been sent to the DIG on February 25 for the competent authority to pass final orders.
The affidavit was filed on a PIL by Ossie Fernandes, Co-convener, 'Campaign for Custodial Justice and Abolition of Torture' which had sought an impartial and detailed enquiry by a retired District Judge into the death of Suresh within a stipulated time and Rs 10 lakh compensation to his family.
The state government had informed the court on July 28 2015 that sanction orders had been issued and the compensation would be handed over to the victim's kin in a week.
Apart from this, government had also stated that Rajendran had used unwarranted force and that a decision was taken to initiate both criminal and departmental proceedings.
When the matter came up last week, CB-CID, which is probing the case, filed a status report in a sealed cover before the HC bench. The bench perused it and stated that the investigation is proceeding in the right direction and is at an advanced stage.
The bench granted two months time to complete the probe posted the matter for compliance to June 7.
Suresh died in the early hours of New Year Day in 2014 after he was thrashed by police after being picked up on December 31, 2013, the PIL had alleged.
It said Suresh and his friend Prasad were standing near their vehicles near Vanjur police checkpost on New Year eve.
The inspector directed them to park their vehicles elsewhere. Suresh protested and said he had parked it on the roadside without disturbing the public.
Irked over his reply, the inspector hit Suresh, who in an attempt to ward off a slap, caught the inspector's hands. On seeing their officer in tussle with an autorickshaw driver, other police personnel joined the fight and thrashed Suresh and took him into custody, according the petitioner.
Late that night, he was taken to Nagapattinam government hospital with severe injuries. He died at around 6 AM on January 1, 2014.
His wife and minor children were not allowed to meet him in hospital and were later told he died of 'cardiac arrest'.
The PIL said that in the absence of criminal antecedents, Suresh ought not to have been arrested and tortured by police. They had transgressed their powers and indulged in malafide exercise of power.
