HC directs TN govt to pay more compensation to hapless father

Chennai, Mar 06 (UNI) Madras High Court today directed the Tamil Nadu Government to pay a compensation of Rs three lakh to one Kabali, for the mysterious death of his son Ramesh at the hands of police.

The compensation ordered by a Division Bench comprising Mr Justice P Sathasivam and Mr Justice J A K Sampath Kumar, allowing Kabali's appeal, was in addition to the Rs one lakh already paid by the state government.

According to the petitioner, his son Ramesh (22) was picked up by the Mylapore Police allegedly for violation of traffic rules on April 12, 1997 near the Luz junction. However, his body was found in the nearby Buckingham Canal the next day.

According to the police, the boy tried to escape when he was being taken to the police station by a jeep. He could have fallen into the canal and died.

However, following the publication of the news in the media and protest from the local people, the state government announced a compensation of Rs 50,000 and appointed a Commission headed by a retired High Court judge.

After finding that the police was responsible for the death, the Commission recommended to the government to pay more compensation.

Accordingly, the state government announced another Rs 50,000.

However, the Kabali moved the High Court seeking to punish the police officials concerned. He also sought Rs four lakh as compensation. But a single Judge rejected the plea with a direction to the petitioner to move the city civil court. Hence the present appeal.

In its order, the Bench said whenever public functionaries are involved and the matter related to violation of fundamental right or the enforcement of public duties, the aggrieved person can approach the court for necessary relief, including compensation under Article 226 of the Constitution.

During arguments it was brought to the notice of the Bench that Kabali had three daughters, who were yet to be married and according to the petitioner, for want of financial assistance, he was not able to perform their marriage.

He was a retired person with no property. Ramesh, who was the sole bread winner of the family.

''Taking note of the findings of the Commission of enquiry that Ramesh died due to police negligence, considering the family circumstances and the fact that the petitioner has to look after three grown up daughters, we are of the view that the ends of justice would be met with by directing the state government to pay a further amount of Rs three lakh,'' the Bench observed.

UNI XR VV YA BS1954