Daily wage earner, wife win 26-yr-old battle for justice
THIRUVANANTHAPURAM: For two-and -half decades, daily wage labourer Ayyappan, 61 and his wife, Omana Ayyapan, a peeler at a cashew factory in Kollam, fought a case over being denied fair pay after a hard day’s work and then being victimised by the police for demanding their due. The case went all the way to the Supreme Court. Two of the five accused died during the proceedings. But the Ayyapans finally received justice. Three retired Kerala Police officials surrendered in early February, following a SC ruling in January. And it all started over Ayappan being denied ₹230.
On February 8, 1996, Ayyappan did some work for Veera Senan, a landlord in Ezhukone, Kollam. Ayyappan sought ₹530, but Senan was only prepared to pay ₹300, and an argument ensued. That same evening, a police team arrived at their home, dragged Ayyappan out, and took him to the station saying there was a complaint against him, filed by Senan. “When I rushed to the station with my two minor children, I saw my husband being thrashed black and blue. He was denied water for 24 hours and forced to drink urine by K Manirajan (a police constable at the time),” alleged Omana. Ayyappan, who was accused of beating the landlord, was given bail the next day.
Ayyappan spent 22 days at a government hospital in Kottarakara. “Police officials pressurised doctors to discharge me but they refused... It was then we took a vow that come what may, we will fight against the policemen...”
Ayyappan filed a complaint against five policemen, including Manirajan, at a local court on April 4, 1996, selling off his small plot of land and his home to fund the legal battle. In April 2009, 13 years later, the Kottarakara judicial magistrate court found three officials guilty under Sections 323 (causing hurt), 324 (hurting with dangerous weapons) and section 34 (a criminal act done by several persons in furtherance of a common intention) of the IPC and handed them a one-year prison sentence and a ₹2,500 fine. Of the five accused, two had already died by then. The accused appealed the verdict, but in 2012 the Kollam sessions court too upheld the decision. The accused filed another appeal and in 2021 the Kerala high court upheld the verdict. In January 2022, the Supreme Court refused to interfere in the case, giving the accused four weeks to surrender before the trial court. “We see no reason to interfere with the impugned order passed by the HC. Petitioners are directed to surrender before the trial court within four weeks,” a bench headed by Chief Justice of India N V Ramana ordered on January 10.
On February 5, the accused — retired Deputy SP D Rajagopal, retired ASI Manirajan, and retired head constable Sharfuddin — surrendered.
“We both can’t read and write properly. But if you ask us about various sections of the IPC we can tell you...,” said Omana.
The couple now plans to move court for commensurate compensation.