Tamil Nadu - Madurai   

“Try alternative remedy before moving High Court”

MADURAI: Victims of police torture must exhaust remedy provided under Tamil Nadu Police Standing Orders or Criminal Procedure Code before approaching the High Court for monetary compensation, the Madurai Bench of the Madras High Court has ruled.

Disposing of two writ appeals, a Division Bench comprising Justice F.M. Ibrahim Kalifulla and Justice S. Palanivelu said that it would be “highly improper” for the High Court to reach at any definite conclusion on the veracity of alleged torture by perusing the affidavit and counter affidavit filed by the parties.

Hence, the aggrieved persons could approach a Deputy Superintendent of Police or a Revenue Divisional Officer, in his capacity as an Executive Magistrate, to enquire into allegations of torture as provided under standing orders. The victims could also file a private complaint before the Judicial Magistrate under Section 156 (3) of the Cr. P. C.

Thereafter, they could approach the Government for monetary compensation if the enquiry report affirmed the allegations of torture. The claimants were free to invoke the extraordinary jurisdiction under Article 226 (Powers of High Court to issue writs) of the Constitution only when the authorities concerned were not inclined to grant compensation even in established cases of torture, the Judges said.

On the appellant’s claim that a DSP had already concluded that the allegation of torture was not established, the Judge said that they could still prefer a complaint to the RDO or the Judicial Magistrate.

In the event of receiving any such complaint, these officials were directed to hold the enquiry dispassionately and independently without being influenced by the DSP’s report.

The appellants, R. Siva and S. Makudeeswaran, had alleged that they were handcuffed, hung upside down and brutally beaten up by the Dindigul police for refusing to bribe the personnel of the Chattirapatti and Ambilikkai police stations.

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