Editor, Eenadu vs S.H.O. and Others

Y. Bhaskar Rao, J.—This is a writ petition taken on file on the basis of newsitem in Eenadu of Ananthapur Edition dated 19th and 20th September, 1997 stating therein that the police, during the course of investigation in the murder case of one Suryanarayana, took many people into custody from the nearby villages of Akkannapalle etc., Tadipatri Mandal, Ananthapur District, and let off some people on paying huge amounts and kept some of them in illegal custody and harassed them when they refused to oblige the demand of the police. One person by name Obulesu was called to the police station for interrogation and when he refused to oblige the police, he was beaten black and blue and ultimately he died. The people of Tadipatri observed Bandh due to the death of said Obulesu.

The writ petition was admitted and notice issued. The Investigating Officer in Crime No. 104 of 1997 registered u/s 302 IPC of Tadipatri Rural Police Station, filed counter-affidavit stating therein that he was entrusted with the investigation of the crime by Additional Director General of Police, CID, through his Order Memo dated 23-9-1997. He stated that he had conducted investigation into the death of Obulesu, who was a poor coolie and eking out livelihood with his wife, three daughters and a handicapped son. One Suryanarayana of Akkannapally was murdered prior to 17-7-1997 and Crime No. 84 of 1997 u/s 302 IPC was registered. During the course of investigation, C.I. of Police and others brought a number of suspects and made vain attempts to trace the culprits. The said Obulesu was brought to the police station. The investigation so far clearly established that the deceased was brought to the Police Station on 31-8-1997 by HC-717 T. Srinivasulu and PC-723 C. Chandramouli and illegally detained at the Police Station and treated with some violence resulting in his death. Further, S.I. of Police, HC and PC are responsible for causing multiple injuries resulting in the death of Obulesu.

The counter-affidavit further stated that post-mortem of the deceased revealed the following injuries:

Moderate built found in mortuary in Supine posture, Black hair present over the scalp. Eyes closed, Pupil dilated, Tongue inside the mouth and pale. Serosangenous discharge present at nostrils. P.M. lividity present over back on chest. Blabs found on both shoulders and upper arms. Semen present at external urithral crifice. Injuries:

(1) Black eye left side with subconjectival haemorrhage noted, ante mortem in nature.

(2) Swelling of left side of face, neck, both shoulders and upper arms. On opening of injury bluish black haematoma noted in muscles and subcutaneous tissues over left half of face, neck shoulders. No bony injury noted, this injury is ante-mortem in nature.

(3) Swelling of left half of head, noted extending frontal temporal and parietal areas on opening scalp haematoma noted in left temporaralis muscle bluish black in colour on removal of muscles, fracture left temporal bone noted 1 inch anterior to external auditory meatus. Fracture is 3 cms in size linear in coronal plane. On opening the skull congestion and adema of entire left cortical hemisphere noted with petechial haemorrhage on cut section. Base of skull showed bluish black haematoma in left orbit. The injury is ante-mortem in nature.

(4) Paraspinal swelling 10x5 cms noted on right lumbar region of opening bluish black haematoma noted in paraspinal muscles. This injury is ante mortem in nature.

Hyoid bone normal, larynx, trachia, esophages congested. Lungs dematus and congested. Cut section oozing dark blood noted. Fracture of left 5th, 6th, 9th ribs noted in anterior axillary plane. Heart flabby, no evidence of hypertrophy or ischemia. Stomach contains 50 ml. of Billious fluid, mucosa normal, intestines normal, liver, gall bladder, pancreas adrinals are normal. Spleen enlarged. No injury noted. Right kidney conjested, left normal. Urinary bladder is full. Muessa is normal, long bone, spine, pelvis normal.

It is also stated that the viscera viz., stomach with its contents intestines, liver, kidneys are preserved for analysis.

It is also stated that the investigation is almost completed and Chemical Examiner''s report is awaited and the Government has to be addressed to accord sanction to prosecute the accused persons i.e., concerned police officers. The Police Officers were already suspended while Inspector of Police D.S.N. Reddy was transferred to insignificant place from Tadipatri. The other allegations including corruption are said to be under investigation.

The allegations in the writ petition are that a number of people in Akkannapalle and surrounding villages were taken into custody and they were harassed. Those who failed to pay the money were tortured and T. Obulesu was taken to the Police Station and there he received multiple injuries due to police torture, which resulted in his death.

The first question that arises for consideration is whether T. Obulesu died due to police torture. If so, what relief the heirs of Obulesu are entitled to? The second question is whether or not the innocent people were taken into custody and tortured.

The second question is purely a question of fact and can be decided after completion of investigation. We want to take up first question for our consideration. The news-item in Eenadu daily clearly shows that T. Obulesu was taken into custody along with others and as he was not able to pay the amount demanded by the police, he was tortured by the police which resulted in his death. Thereafter, his dead body was brought into the village in a jeep by the police and placed the body near the well of the village and they went away. The wife and children, who came to know about the dead body, have taken it to the Tadipatri Rural Police Station and there was altercation between the police and the people who followed them. There was also an attack on the Police Station and in the course of that, part of the Police Station was set on fire and Police fired in air to disperse the mob. The counter-affidavit was filed by the Investigating Officer in Crime No. 104 of 1997 u/s 302 IPC in respect of death of T. Obulesu stating that the deceased died due to multiple injuries received during the course of investigation. The counter- affidavit also reveals that the deceased received fatal injuries which resulted in his death. Thus, it is established that the deceased succumbed to the injuries due to torture by the police in the lock-up.

There is no law authorising the police to torture any person taken into custody as suspect of a crime except the force which is required to be used for the purpose of arresting a person when he resists. Therefore, torture or violence to a person is against law and is in violation of fundamental rights guaranteed under Article 21 of Constitution of India besides violation of his human rights.

His Lordship Justice Dr. Anand speaking for the Court in D.K. Basu Vs. State of West Bengal, held that custodial violence, torture, rape, death in police custody and lock up infringes Article 21 as well as basic human rights and strikes a blow at the rule of law. Torture involves not only physical suffering but also mental agony. It is the naked violation of human dignity and destructive of human personality. Interrogation though essential must be on scientific principles. Third-degree methods are totally impermissible and balanced approach is needed so that the criminal do not go scot-free. Custodial death is one of the worst crimes in civilised society. State terrorism is no answer to terrorism. Transparency of action and accountability are two safeguards against the abuse of police power. The victim of custodial violence and in case of his death in custody, his family members are entitled to compensation under public law in addition to the remedy available under private law for damages for tortious acts of police personnel. It was further held that by virtue of power of judicial review under Articles 32 and 226 the Supreme Court and High Courts respectively can grant compensation where there is a breach of fundamental right as public law remedy apart from the private law remedy for tortious action and also punishment to the wrong-doer under criminal law. The above judgment of the Supreme Court squarely applies to the present case.

The principle laid down by the Supreme Court also applies to this case as the deceased died due to police torture. The injuries shown in the post- mortem report reveal that the torture by the police was more cruel and the deceased suffered lot of mental agony and severe body pain. The deceased''s family members are his wife, three daughters and a handicapped son and the family was living by doing coolie work and the heirs of deceased lost their family member and supporter of the family by all means.

Therefore, in the circumstances of the case, we think it just and proper to direct the State to pay Rs. 1,50,000/- (Rupees one lakh fifty thousand only) to the heirs of the deceased i.e., wife and son. The said compensation shall be kept in the name of the wife in fixed deposit in any of the nationalised banks for a period of ten years. The deceased''s wife is entitled to withdraw interest on the amount every month and utilise the same for the maintenance of the family and performing the marriage of her daughters and maintaining her physically handicapped son. The bank is directed not to grant any loan on the said fixed deposit. A copy of this order be communicated to the eighth respondent-Secretary, Home Department, Government of Andhra Pradesh. The said compensation shall be paid on or before 31-12-1997 and report compliance to the Registrar (Judicial) of High Court of Andhra Pradesh. While depositing the amount, the State shall file a copy of this order in the bank. The above direction is given pending disposal of the writ petition.

Another allegation made in the news item is that a number of people were taken into custody from the villages surrounding Akkannapalle and whoever has not paid the money, they were tortured in the police station. In the circumstances, we think it just and proper to direct the Assistant Sessions Judge-Subordinate Judge, Tadipatri, to conduct an enquiry by issuing paper publication calling for complaints from the affected persons and notice to the concerned Police Officers and submit his report to this Court. The Subordinate Judge, Tadipatri, shall complete the enquiry as expeditiously as possible, within a period of three months from the date of receipt of a copy of this order. Post the Writ Petition for further hearing on this point after report is received.