HC raps police, orders Rs 6 lakh relief to man wrongly imprisoned

HC raps police, orders Rs 6 lakh relief to man wrongly imprisoned

MADURAI: An HIV victim, who spent about seven years of continuous incarceration due to negligence on the part of police in Dindigul district, will get Rs 6 lakh, thanks to an order of the Madras high court bench directing the state government to give him compensation. Out of Rs 6 lakh, he will get Rs 1.5 lakh as interim compensation next Tuesday in the open court hall and will get the remaining amount of Rs 4.5 lakh in August.

Besides, the court directed the director general of police (DGP) to nominate superintendent of police of Theni district J Mahesh and to probe officials who were responsible for wrongly implicating the man in the case.

Justice S Nagamuthu passed this order on the three criminal revision cases filed by the victim and alleged erring officials.

In the case on hand, a man from Theni district was lodged in the Madurai Central Prison in 2005, during which the Dindigul town west police’s then inspector Madhavan and sub-inspector Murugan moved a petition before the judicial magistrate court (JM) seeking prison transfer warrant against the man stating that he was an absconding accused in another criminal case. Accordingly, the court granted it. It resulted in him facing imprisonment of six years nine months and 14 days.

On April 30, 2013 the court of session, Dindigul passed an order directing the SP Dindigul to prosecute the two officials after it was found that the man was falsely implicated. The court also directed the man to approach the civil forum for compensation. Aggrieved over the order, the two people filed revision cases separately before the high court bench and obtained an interim stay on the order. It helped the then SI to get promotion as inspector and then inspector to retire.

The man, who came to know about the false case later, filed a petition seeking compensation and action against the officials.

When the matters had come up for hearing in March, justice M Sathyanarayanan expressed displeasure over the government’s action, directed it to pay interim compensation of Rs 1.5 lakh, and adjourned the matter seeking the police chief’s response.

Accordingly, the matter came up for hearing before justice Nagamuthu on Tuesday. Dindigul superintendent of police A Saravanan appeared before the court.

During hearing, the government side assured apprehension of real accused in the case. But it disputed with ordering compensation.

After hearing all the sides, the judge came down heavily on the police and ordered for compensation and probe to find out officials who were responsible for the wrong identity.

The judge said it was the classic case for how a person’s human right has been violated by the police. The man had been in jail for 6 years 9 months and 14 days due to the wrongful act of police personnel who are government servants. Hence, the government is liable to pay compensation to him, the judge said.

http://timesofindia.indiatimes.com/city/madurai/HC-raps-police-orders-Rs-6-lakh-relief-to-man-wrongly-imprisoned/articleshow/47606393.cms

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