The Hindu : Andhra Pradesh News : Government asked to pay compensation

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Wednesday, Feb 02, 2005

Andhra Pradesh

Andhra Pradesh

Government asked to pay compensation

By Our Staff Reporter

ELURU, FEB. 1. The State Human Rights Committee (SHRC) Chairperson, Justice Upendralal Waghray, has directed the State Government to pay Rs. 4 lakhs towards compensation to the kin of a local hotelier who died in police custody in November last.

The SHRC took up the case of the death of the hotelier, Motukuri Nagabhushanam, suo motu basing on newspaper reports and passed the orders. The police raided the hotel in a "Rakshak'' vehicle at midnight, allegedly roughed up its proprietor and detained him in the II Town police station on the plea that he was running the hotel beyond the stipulated hours. Subsequently, he died in police custody.

The chairperson said in his ruling that the compensation amount be apportioned in three equal shares and distributed among the hotelier's family members -- Krishna Kumari, widow, and Rama Kumari and Dhanalakshmi, daughters. He directed the State Government to comply with the orders within three months from the date of the receipt of the order.

`Make SI pay'

He ruled that the Government recover a sum of Rs. 1 lakh from the II Town Sub-Inspector, P. Bharatmataji, and Rs. 50,000 from the Assistant Sub Inspector, Pentapati Seshagiri Rao, and add up to the compensation amount to be paid to the kin. The SHRC further directed the Government to initiate punitive action against the SI and the ASI for their role in the custodial death.

Mr. Justice Waghray observed that the police had violated the right to life and personal liberty guaranteed by Articles 21 and 22 (1) of the Constitution by taking Nagabhushanam into custody without any order from the competent magistrate and warrant of arrest and for subjecting him to physical and mental torture without any case of cognisable offence registered against him. He pointed out that there was a dereliction of duty on the part of the police who failed to shift the victim to hospital for treatment even as he after he suffered from shock and haemorrhage. Shrc ruling on custodial death of hotelier

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