SHRC fines cop Rs 50,000 for assaulting activist
The factory used to draw water from borewells belonging to Sundaravadivel, Devaraj and seven others.
Chennai: The State Human Rights Commission directed an inspector from Tiruchendur in Thoothukudi district to pay a compensation of Rs 50,000 to an activist on charge of arresting him after foisting a case against him. The cop had also assaulted him in the police station seven years ago.
In the complaint, R. Ramesh of Nalayiramudayarkulam, Thoothukudi district, submitted that Tharanga Thara Chemicals Private Limited, was functioning nearly five km away from his village. The factory used to draw water from borewells belonging to Sundaravadivel, Devaraj and seven others.
He had filed a number of complaints to the government against the illegal tapping of water from borewells. On the instigation of Sundaravadivel, inspector Thillai Nagarajan, Tiruchendur police station, registered a case against him under Section 341, 294(b), 384, 506(ii) IPC and remanded him in prison on October 6, 2012. Besides abusing him, Thillai Nagarajan and three other constables had assaulted him with a cricket stump, palmyrah stick and lathis.
He was given treatment at Palayamkottai Central Prison. He was released on bail on October 19, 2012. Later, he was admitted to hospital. Ramesh said that inspector Thillai Nagarajan colluded with borewell owners and had filed a case against him under Goondas Act. He sought suitable action against the inspector for violating his human rights.
Denying the allegation, Thillai Nagarajan said Ramesh indulged in several acts of rowdyism, robbery and conducted ‘kangroo’ court (katta panchayats) threatening public to murder for gain and ransom.
SHRC judge D. Jayachandran, said, “No arrest could be made in a routine manner on a mere allegation of commission of an offence made against a person.” When an innocent person is falsely implicated, he not only suffers from loss of reputation but also from mental tension, and his personal liberty is seriously impaired. Therefore,
Thillai Nagarajan failed to follow the procedures laid down in law in arresting Ramesh, and hence, Thillai Nagarajan violated the guidelines issued by the NHRC and SHRC and the judgment of the Supreme Court. The judge said Ramesh is entitled to receive compensation of Rs 50,000 for the violation of human rights from Thillai Nagarajan.