The Madras High Court today directed Tamil Nadu government to immediately pay an interim compensation of Rs two lakh to the family of a woman who was allegedly tortured by police at Udumalpet in Coimbatore district.
A division bench, comprising Justices Satish K Agnihotri and K K Sasidharan, directed the government to pay the amount to the family as directed by Justice V Ramasubramaniam who had ordered a CBI inquiry into the case.
Justice Ramasubramanian had also directed that an FIR be filed against police officials concerned. Challenging his order, the state government had gone on an appeal.
When the matter came up today, counsel for CBI submitted that 50 per cent of the investigation was over.
The bench expressed dissatisfaction over the state government filing the appeal and ordered the Joint Director, CBI, to continue its investigation.
The matter relates to the custodial torture by police at Udumalpet on a woman, allegedly an accused in a murder case.
Government submitted that there is absolutely no warrant for a direction of investigation by CBI, especially when police and other state machinery had agreed for an inquiry by the Executive Magistrate under the Police Standing orders.
The appeal contended that the single judge had erred in concluding it would not be fair or proper to entrust the probe to state police. There are no reasons, circumstances or facts to support such a conclusion nor any material to show the state police would not perform a fair and thorough probe into the woman's charges, it said.
Entrusting the investigation to CBI by the Judge was only on 'highly tenuous and flimsy material,' the appeal said.
It further said repeated medical examinations proved the woman had sustained only minor injuries and no injuries were found on her genitalia which are consistent.
Government said that when the victim herself had not specifically prayed for a CBI inquiry, the judge granted the relief well beyond the scope of the petition, which was impermissible in law.
It sought setting aside of the single judge's order and to allow the appeal.
The bench then posted the matter for further hearing to October 28.
