The State Human Rights Commission on Tuesday, May 7, 2024, recommended that the Tamil Nadu government pay a compensation of ₹25,000 to a man, whose complaint alleged that he was hit by a sub inspector of police in connection with a case.
SHRC member V. Kannadasan also recommended that the sum be recovered from Sub-Inspector of Police E. Sivakumar (formerly attached to Thirukkurungudi police station in Tirunelveli district). The Commission also advised the policeman not to indulge in any such inhuman activities in future.
Complainant R. Franklin Balasingh of Nanguneri taluk in Tirunelveli district had previous enmity with a man named Kosal and his father Shanmugasundaram, over the excavation of sand from a pond.
On February 1, 2020, Sub-Inspector of Police E. Sivakumar instructed Grade I police constable A. Sudalaikannu (both of them then attached to Thirukurungudi Police Station) to register a case against the complainant.
The police constable registered a case under sections 294(b), 323, 506(ii) of Indian Penal Code and Section 4 of T.N. Prohibition of Harassment of Women Act, 2002. The SI arrested the complainant and assaulted him with a stick, the complainant alleged.
On being let out on bail a few days later, the complainant, after an enquiry realised that a false complaint had been filed against him at the instigation of Kosal. The complainant moved the SHRC contending that the action on the part of the respondents amounted to harassment and mental torture and sought suitable action.
Considering the oral and documentary evidence of the parties and arguments of both parties, the Commission said it was established by the complainant that the sub inspector of police assaulted the complainant and caused injuries to him while he was in custody.
“This Commission is of the considered view that the complainant is entitled to receive compensation for the violation of human rights from the 1st respondent (sub inspector of police) and fixing of ₹25,000 as compensation to the complainant would be fair and reasonable and would meet the ends of justice,” the Commission said in its order.
