HC directs State to pay compensation of ₹30 lakh to kin of custodial death victim

Applying the multiplier method, the Madurai Bench of the Madras High Court directed the State to pay a compensation of ₹30 lakh to the family members of R. Vengatesan of Ramanathapuram district, who died in 2012 following custodial torture.

Applying the multiplier method, the Madurai Bench of the Madras High Court directed the State to pay a compensation of ₹30 lakh to the family members of R. Vengatesan of Ramanathapuram district, who died in 2012 following custodial torture.

The court was hearing the petition filed in 2013 by R. Senthil Kumar, brother of Vengatesan, who sought a direction to the State to initiate departmental action against the police personnel involved in the custodial death and compensation.

The petitioner said Vengatesan was implicated in a jewellery theft case. One of the main accused in the theft case was Vengatesan’s neighbour and friend. Without knowing the intention and the nature of the act, Vengatesan helped the accused persons sell the jewellery.

The petitioner claimed that in 2012, Vengatesan was picked up by Emaneswaram police in Paramakudi for an inquiry and tortured. Subsequently, he succumbed to the injuries. The body was taken to Paramakudi Government Hospital. There were blood stains and injuries all over the body, he said.

The petitioner said the police, in order to cover up the issue, came up with a false case alleging that when they were on patrol they tried to nab his brother and when he tried to escape he fell from the motorcycle and sustained the injuries. Thereafter, he was taken into custody where fell ill and later died.

Justice P. Dhanabal observed that the court could award compensation by invoking Article 226 of the Constitution for the custodial death. However, for deciding the quantum, there was no formula for custodial death. Therefore, the court safely followed the method adopted in Motor Claims Original Petition (MCOP) cases. The court directed the State to pay a compensation of ₹30 lakh.

The court was told that the State had earlier paid a compensation of ₹5 lakh to the family as per a Government Order. Appropriate action was initiated against the erring police personnel and punishments were imposed. The CB-CID which conducted the probe in the case had filed a final report.