Saradampal2.M. Venugopal v. Union Territory of Pondicherry

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 30.07.2009CORAM:THE HONOURABLE MR.JUSTICE C.S.KARNANCrl.O.P.No.13118 of 19991.Saradampal2.M. Venugopal .. PetitionersVersus1.Union Territory of Pondicherryrepresented by Chief Secretary,Government of Pondicherry,Pondicherry.2.District Collector -cum- District Magistrate,Pondicherry District,Pondicherry-13.3.Superintendent of Police,South Region,Natesan Nagar,Pondicherry-5.4.Inspector of PoliceC.I.D,Danvanthri Nagar,Pondicherry-6... Respondents Petition filed under Section 482 Cr.P.C seeking directiondirecting the 1st and 3rd Respondents to take steps for getting therelevant provisions under Act 33 of 1989 included in Crime No.15/98on the file of the Kirumampakkam police station, Pondichery and toentrust the investigation to an officer as indicated under Rule 7 ofSC and ST (Prevention of Atrocities ) Rules, 1995, (2) also directingthe 1st and 2nd Respondents to pay the relief amounts for the death ofthe 2nd petitioner's brother Gothandam due to the torture by thepolice and for the fracture of the second petitioner's right hand andother injuries which resulted in severe pain and sufferings, (3)Directing the 1st respondent to pay fair and just amount as https://hcservices.ecourts.gov.in/hcservices/ compensation for the death of Gothandam and fracture of the righthand of the 2nd petitioner, Venugopal; (4) Directing the 1st and 3rdrespondents to provide all the copies of the documents which arefurnished to the accused free of costs after final report is filed inthe Court; (5) Issuing any other directions as this Honourable Courtmay deem fit and proper in the circumstances of the case.For Petitioners : M/s. P. RathinamFor Respondents : Mr.Thangavel PP PondyO R D E RThe petitioner had filed the above petition directing the 1st and3rd Respondents to take steps for getting the relevant provisionsunder Act 33 of 1989 included in Crime No.15/98 on the file of theKirumampakkam police station, Pondichery and to entrust theinvestigation to an officer as indicated under Rule 7 of SC and ST(Prevention of Atrocities ) Rules, 1995, and also (2) directing the1st and 2nd Respondents to pay the relief amounts for the death of the2nd petitioner's brother Gothandam due to the torture by the policeand for the fracture of the second petitioner's right hand and otherinjuries which resulted in severe pain and sufferings, (3) Directingthe 1st respondent to pay fair and just amount as compensation for thedeath of Gothandam and fracture of the right hand of the 2ndpetitioner, Venugopal; (4) Directing the 1st and 3rd respondents toprovide all the copies of the documents which are furnished to theaccused free of costs after final report is filed in the Court; (5)Issuing any other directions as this Honourable Court may deem fitand proper in the circumstances of the case. 2.Supporting the petition , the 2nd petitioner had filed anaffidavit which reads as follows:-That the death of the 2nd petitioner's brother one Gothandamhappened under police custody on 16.2.1998. He was 21 years old. Thepetitioners family belongs to scheduled caste and involved inagricultural operations as coolies; On 16.2.1998 at 3.00am, the saidGothandam was picked up by 3 constables to Kirumambakkam policestation. The petitioner was also brought to the police station and hewitnessed the beating of Gothandam by the police by way of 3rd degreemethods. The petitioner was also beaten by the police. Thepetitioner's wife and his mother were crying and shouting at thepolice station. The news spread throughout the area and large numberof people assembled in front of the police station. The petitionerwas admitted in the hospital and discharged on 18.2.1998. 3.The Inspector of Police, Bahour Circle, Pondicherry,registered the F.I.R in Crime No.15 of 1998 on 16.2.1998 as 16.50hours under Section 176 Cr.P.C. Gothandam was taken to GovernmentHospital, Pondicherry for treatment, where he was declared as brought https://hcservices.ecourts.gov.in/hcservices/ dead by the doctor. Further, the Magistrate conducted an inquiry inthis regard. The Inspector of Police filed a petition before theJudicial Magistrate, Pondicherry as 8.3.1998 for getting theprovisions altered into the Sections 302, 177, 201, 323, 324 IPC r/w34 I.PC. It was also mentioned that the petitioner's brother,Gothandam died due to the 3rd degree acts exercised by the police onhim and the accused were named as 1) C.Angappan 2)Ethiraj 3)Veerappan, 4) Govindan and 5) Ramanathan, all being police personnel.The Government of Pondicherry paid Rs.60,000/- as ex-gratia paymentfor the death of the said Gothandam due to police torture. Thepetitioner was not paid any relief amount for the pain and sufferingcaused by the police. On 20.2.1998, the petitioner sentrepresentations to the authorities including the Respondents herein.The incident also is attracted under the provisions of SC/ST(Prevention of Atrocities) Act, 1989. But the Respondent did nottake any action, since all the accused are upper caste persons.4.The petitioner cited similar cases in (1) Mariammal ..vs.. State of Tamil Nadu reported in 1998, LawWeekly Criminal.(2)Vijaya ..vs.. State of Tamil Nadu, unreported Judgement inCrl.O.P.No. 167 of 1998, dated 19.4.1999.5.Further, the petitioner contended that the 1st Respondentought to have paid 1,50,000/- immediately after the postmortem wasconducted on his brother after his death. The petitioner should havebeen paid relief amount or other reliefs provided under the SC/STRules, 1995. Further, the petitioner has prayed for Rs.5,00,000/- ascompensation for the death of his brother. Supporting the petitionercase, he has filed four documents. 6.The Respondents filed counter statement and denied all theallegations. The Respondents submitted that the petitioner's brotherwas brought to the said police station with regard to theinterrogation of a case in Crime No.11 of 1998 registered for theoffence under Sections 454 and 380 IPC. After registering the caseinitially under Section 176 Cr.P.C, a Magisterial enquiry wasconducted with regard to the death of Gothandam who was brought forinterrogation in Crime No.11 of 98 under Section 454 and 380 I.P.C bythe Kiuimmambakkam police station. The Magistrate conducted enquiryand submitted report on 6.3.1998 to the Superintendent of Police(South), wherein he had implicated the involvement of the policepersonnel in the torture and death of the deceased Gothandam. TheInspector of Police, Mr. Nandagopal, altered the Sections in CrimeNo.15 of 98 from 176 Cr.P.C to 302, 177, 201, 323, 324, 326 I.P.C r/w34 I.P.C against 5 accused persons namely a)C.Angappan, b)Ethiraj, c)Veerappan d)Govindan and e)Ramanathan ,all attached to Kirumambakkampolice station. The Senior Superintendent of Police (Law and Order) https://hcservices.ecourts.gov.in/hcservices/ on 8.3.1998 ordered the Superintendent of Police (CID), Pondicherry,to take up further investigation and ordered the Superintendent ofPolice(South), to hand over the case to Superintendent of Police(CID), Pondicherry. Pursuant to such direction proceedings dated8.3.1998, the case in Crime No.15/98 was transmitted to theSuperintendent of Police, CID (Pondicherry) on 10.3.1998.7.The Superintendent of Police (CID) upon receipt of the casefiled regarding Crime No.15 of 1998, proceeded with theinvestigation. Further, on the direction of the Superintendent ofPolice (CID), the Respondents took up further investigation of casein Crime No.15 of 1998. After examination of witnesses, theinvestigation was submitted to the Director of prosecution forfinalising the draft charge sheet. The Director of prosecution,Pondicherry, upon giving a careful consideration to the investigationconducted by the Respondents had given his opinion that final reportcan be filed as against the 5 accused persons mentioned above againstthe alleged said offence. The legal opinion from the Director ofProsecution was obtained in the month of September 1999. Further, thefinal report will be committed to the near future. Among the 5accused, Veerappan, who is one among them died on 27.6.1998. TheKirummambakkam police did not pick on Gothandam because he wasscheduled caste person. But actually, a case was registered againsthis for theft. 8.In this view of the matter, the contention of thepetitioner, to the effect that the provision of the Act, 1989, shouldhave been incorporated in the said Crime No.15 of 1998 are notsustainable. The ex-gratia payment of Rs.60,000/- paid to thedeceased Gothandam was not on the basis of the caste. But the amounthas been paid due to lack of ingredients in the said case.9.Considering the contentions of both the sides and argumentsof the respective counsels, the Court is of the view that theRespondent has categorically admitted that the Magistrate conductedenquiry and submitted a report to the Superintendent of Police(South), wherein he had implicated the involvement of policepersonnel in the torture and death of the deceased Gothandam. TheInspector of Police, Nandagopal had altered the Section in CrimeNo.15 of 1998 from 176 Cr.P.C to 302, 177, 201, 323, 324, 326 I.P.Cr/w 34 I.P.C against 5 accused persons namely a)C.Angappan, b)Ethiraj, c)Veerappan d)Govindan and e)Ramanathan ,all attached toKirumambakkam police station. So, the concerned authorities hadinitiated legal action in accordance with law against the accusedpersons. 10.Under the circumstances. the Court directs the ChiefSecretary, Government of Pondicherry, to give suitable directionsto the concerned authorities to speed up the cases. This Court is not https://hcservices.ecourts.gov.in/hcservices/ inclined to grant the relief sought by the petitioner. Accordingly,the above Criminal Original Petition is disposed of. Sd/Asst.Registrar/true copy/Sub Asst.RegistrarmraTo1.The Chief Secretary, Government of Pondicherry,Pondicherry.2.The District Collector -cum- District Magistrate,Pondicherry District,Pondicherry-13.3.The Superintendent of Police,South Region,Natesan Nagar,Pondicherry-5.4.The Inspector of PoliceC.I.D,Danvanthri Nagar,Pondicherry-6.5. The Public Prosecutor (Pondicherry) High Court, Madras1 cc To Mr.S.Sathia Chandran, Advocate, SR.33670Crl.O.P.No.13118 of 1999JRG(CO)SRA(17/08/2009)