CHENNAI: The Madras High Court has ordered the state government to pay a compensation of Rs 10 lakh to a victim of police torture that resulted in amputation of his four fingers in each hand due to gangrene in 2017. The permanent disability caused by the torture led to loss of livelihood for the victim, Sheik Shahul Hameed, an auto driver. The court passed the order taking into consideration the report of a commission led by retired HC judge Justice RS Ramanathan which inquired into the allegations of torture.
A division bench of Justices MS Ramesh and N Senthilkumar passed the orders on a 2017 habeas corpus plea by KA Noor Basha, the victim’s father. “The state of TN, department of Home, shall pay compensation to the detenu, Sheik Shahul Hameed, a sum of Rs 10 lakh within a period of one month,” the bench said. The court also directed the Chengalpattu SP to frame charges against the police personnel of Sathurangapattinam police station who were on duty between August 27 and 31, 2017, under the TN Subordinate Services (Discipline and Appeal) rules within a month and pass final orders by holding a detailed inquiry within six months, therefrom.
Advocate R Sankarasubbu, who appeared for the petitioner, had submitted that the victim was forcefully taken away by the police on August 26, 2017, and was subjected to torture in illegal custody. He had suffered severe injuries to his kidneys, fingers and other parts of the body as he was tortured by seven policemen.
As per a court order, he was admitted to a private hospital in Chennai where four of his fingers in each hand were amputated due to gangrene. He lost his livelihood as he could not operate an auto.
Confronting the allegations of custodial torture, the police told the court that the man was held on August 30, 2017 and was remanded to judicial custody the following day in connection with a criminal case of theft and he had not complained of injuries when produced before the judicial magistrate for remand. On account of the differing submissions, the court then constituted the probe panel headed by Justice RS Ramanathan. The committee found that injuries caused due to custodial torture led to permanent disability of the victim. “The fact remains that the injuries were caused by lathis and the report also suggests the involvement of police personnel,” the bench said in the order.