TIRUNELVELI: Tamil Nadu State Human Rights Commission (SRHC) imposed a penalty of Rs 4 lakh and recommended disciplinary action against a sub-inspector (SI) and a head constable (HC) who broke the leg of a suspect in 2020.
In its order on Wednesday, the SHRC member and Judge V Kannadasan confirmed that SI R Vimalan and head constable N Maharajan had violated the human rights of the victim E Petchivel.
In his proof affidavit, Petchivel had submitted that he was arrested by the duo on January 15, 2020. "I was tortured in the police station by Vimalan and Maharajan. The next day, I was not given any food from the morning till noon and was put up in the lockup room. At about 3 pm, Vimalan tied my hands and legs and dropped the gas cylinder on my right leg. Unable to bear the pain, I cried and fell unconscious. Then I was given an injection at a private hospital and was produced before the Magistrate who recommended me for further treatment. Following this, the police took me to Tirunelveli Medical College Hospital where the doctors didn't ask me the cause of my injuries. They just put a bandage but the pain was immense and I did not sleep the whole night," Petchivel said.
The SHRC rejected the Tirunelveli city police commissioner's report stating that the suspect jumped into a railway track, fell into a ditch, broke his leg, and blamed the doctors for not recording the injuries.
The SHRC said that, considering the oral and documentary evidence and hearing the arguments of both parties, it is established that the police personnel brutally assaulted the victim and caused a fracture on his right leg. "During the arguments, the respondents submitted that Petchivel had more than 20 cases registered against him and the complainant and Petchivel's son, E Chandra, alleged that they were all false cases.
It is an admitted universal truth that even a convict is entitled to human rights. Because Petchivel has more than 20 cases registered against him, no police are allowed to beat him or torture him in custody," Kannadasan remarked.
The complainant Chandra had approached the commission in 2020 and Petchivel had passed away in 2024 while the case was still pending.
The SHRC ordered the state government to collect each Rs 2 lakh from Vimalan and Maharajan and give it to Chandra. It also recommended disciplinary action against the duo.
SHRC comes down heavily on docs
In its order, the SHRC came down heavily on the hospital doctors for not reporting his injuries. "It's very wrong to say that the duty doctors did not record the injuries and mechanically filled the OP chit despite the Magistrate observing that the victim was unable to walk. Surprisingly in another medical document, it was mentioned that the patient was brought by the police. In such cases, the doctors shall examine the body of the accused and record any injuries found. But the duty doctors, Dr Charles, Dr Akhilesh, and Dr Dessik did not record any of it," the SHRC observed.