MADURAI: The Madurai Bench of the Madras High Court said it cannot order payment of compensation under the provisions of the SC/ST Act to T Arun Kumar, one of the victims in the Ambasamudram custodial torture case after the state counsel informed that Kumar does not belong to Scheduled Caste or Scheduled Tribe and is a converted Christian.
Kumar had stated in his petition that he was kept under illegal custody in Ambasamudram police station where Ambasamudram ASP Balveer Singh (now suspended) pulled out his teeth and assaulted him, causing bleeding injuries. Claiming that he is a member of the SC community, he sought a direction to pay compensation under the SC/ST Act.
But the additional advocate general filed a counter affidavit, stating Kumar is neither a member of a SC nor a ST community and that he is a converted Christian. Therefore, he is not entitled for compensation. Since the petitioner is not a member of the SC community, the compensation cannot be granted under the said provision, Justice D Nagarjun observed and disposed of the petition.
The judge further disposed of two more petitions filed by Kumar, one of which sought direction to CB-CID for filing of final report in the custodial torture case. The additional advocate general said the entire investigation is complete and the charge sheet is also made ready and it is kept pending only for getting clearance from the government in respect of sanction for prosecution, as the accused is an IPS officer.
Another petition filed by Kumar seeking a copy of the reports of the separate inquiries conducted by high-level officer P Amutha and Cheranmahadevi sub-collector Mohammed Shabbir Alam was also disposed of after the government assured the reports would be furnished to Kumar as soon as the chargesheet is filed in the case. Meanwhile, Arun Kumar’s brother, who is also one of the victims and was a minor at the time of the incident, has moved the HC, seeking compensation under the same provisions (SC/ST Act).
His petition was adjourned to December.
Charge sheet ready: AAG
Additional advocate general infromed the Madras High Court that the entire investigation into the custodial torture is complete and the charge sheet is also ready and is kept pending only for getting clearance from the government in respect of sanction for prosecution, as the accused is an IPS officer