The Hindu : Tamil Nadu / Chennai News : Naxal's mother to receive interest on compensation

Online edition of India's National Newspaper
Thursday, Sep 07, 2006

Tamil Nadu

Tamil Nadu - Chennai

Naxal's mother to receive interest on compensation

Special Correspondent

Government to pay Rs. 1.2 lakh within 4 weeks

CHENNAI: Twenty nine years after her son Seeralan, a naxalite, died in police custody, 75-year-old Baggiam Duraisamy is set to get Rs. 1.2 lakh towards interest for the compensation paid by the government.

The government, which had rejected her compensation plea twice, deposited Rs. 1 lakh in her name following a court order.

Passing orders on her appeal against the single judge ruling, the First Bench of the Madras High Court asked the government to pay Rs. 1.2 lakh within four weeks. It observed that the acquittal of police personnel charged with the murder of Seeralan would not disentitle her from claiming interest for the compensation.

The Bench comprising Chief Justice A.P. Shah and Justice K. Chandru observed that the single judge should have ordered the compensation either from Seeralan's date of death or the date of her claim.

10-year delay

Pointing out that Baggiam Duraisamy's writ petition, filed in 1984, was taken up 10 years later, it said she should not be penalised for the delay. Though the compensation was reasonable, she should not be denied the legitimate right to claim it from the date of demand, the judges said.

"We think it is just and necessary that the respondent/State should be directed to pay interest on the amount of compensation, calculated from the date of original demand made by her to the government."

It then quantified the interest rate at 12 per cent per annum and said it should be calculated from March 1981. It arrived at a figure of Rs. 1.2 lakh after a "rough calculation," and said the amount need not be deposited in any scheme as the lady, "who is in the evening of her life, should receive the entire amount so ordered by this court."

Seeralan was being held in police custody without any remand in 1977 when he was beaten to death with a yoke. While the police claimed that he was killed "in self-defence," a probe revealed the use of excessive force and denial of medical aid.

In 1986, however, the North Arcot District Sessions Court acquitted the police personnel of all charges, concluding Seeralan was killed in self-defence. The state government did not challenge the ruling.

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