Death of man in judicial custody: SHRC recommends compensation

The State Human Rights Commission (SHRC) on Friday recommended the Tamil Nadu government to pay a compensation of ₹3 lakh to the legal heirs of a convict prisoner, who died in judicial custody in Central prison in Madurai in 2007. The complaint was ¢led by the victim’s father Vellaiyan. During the pendency of the case, the complainant died following which the victim’s sister pursued it with the SHRC.

Vellaiyan of Usilampatti in Madurai district alleged his son Pandi alias Pulipandi had been lodged in the Central Prison in Madurai in August 2007. He alleged his son was brutally assaulted by authorities and admitted him to a hospital “for chest pain” where he later died.

While visiting his son, he noticed assault injuries, contusions and bleeding and preferred a complaint with the SHRC. Following the complainant’s death in October 2012, the SHRC continued to hear the matter acting on a request by his daughter Ramuthai in 2013.

The Investigation Wing of the Commission submitted a report quoting the prison doctor that the convict died due to acute myocardial infarction but he also opined that the victim would have died of head injury and also mentioned six injuries found on the body. The Commission summoned the prison authorities for an enquiry.

After peruing the materials available on record and hearing both the parties, SHRC member V. Kannadasan concluded that a case of violation of human rights of the victim was made out.

It held three respondents -- Assistant Jailor in Central Prison S. Syed Shahul Hameed and then two Grade-I Warders Natarajan and G. Jayaseelan (both the Grade-I warders eventually died) of having acted in a negligent manner.

₹3 lakh compensation

Citing the judgment of the Supreme Court of India in the D.K. Basu Vs. State of West Bengal case, Mr. Kannadasan held that the legal heirs of the victim were entitled to receive a compensation of ₹3 lakh payable by the Tamil Nadu government for the violation of human rights.