HC orders compensation, action in transgender's suicide case

Chennai, July 10 (UNI) Madras High Court today asked the Tamil Nadu Goverment to pay a compensation of Rs five lakh to the petitioner in a case in which a transgender committed suicide after he was harassed by the police and directed discipilnary action against the erring officials.

Delivering the order, after hearing a writ petition filed by Jayalakshmi sister of Pandian, who committed suicide, a Division Bench comprising Chief Justice A P Shah and Justice P Jyothimani said considering the facts and circumstances of the case, it was not in dispute that Pandian was a transgender.

The inquiry, held by the Registrar (Vigilance) of the High Court into the sucide of the Pandian, who was taken in custody by the police, to the Vysarpadi Police Station, for questioning, in connection with a theft case and the statements of witnesses were taken together for the final hearing.

The inquiry report substantiated the petitioner's contention about police harassment.

The commissioner, appointed by the court, also found entries in the general diary on non-appearance of Pandian at the police station between June 9 2006 and June 11, 2006 as 'unnatural' and 'abnormal' which created suspicious circumstances in the commission of suicide by the deceased. There was contradiction in the entries themselves.

The Bench said 'prima facie' it was satisfied that excesses have been committed by the police personnel, leading to Pandian committing suicide.

According to Jayalakshmi, on May 1, 2006 the Vyasarpadi Police arrested her brother Pandian in connection with a theft case. He was later produced before the Metropolitan Magistrate Court and remanded to custody.

On May 19, 2006, Pandian was released on bail on condition that he should report at the police station everyday.

One of the policemen used to take Pandian to the police station.

He used to return only at 2300 hrs.

Pandian told his sister the police personnel harassed him sexually and tortured him. When Pandian's mother went to the police station to enquire about the incident, she was also beaten up by the police personnel, Jayalakshmi contended.The police continued to harass and threaten Pandian.

On June 12, 2006, Pandian doused himself in kerosene and set himself alight before the police station. He was then admitted to Kilpauk Medical College Hospital where he died on June 29.

The appellant then filed a writ petition in Madras High Court seeking Rs ten lakh as compensation, besides disciplinary action against the errant policemen.

This was rejected by the judge, following which Jayalakshmi filed an appeal.

The court also directed the State Government to take appropriate steps to recover the compensation amount from the policemen.

UNI