CHENNAI: The Madras High Court has refused to interfere with an order of the State Human Rights Commission of Tamil Nadu directing a Sub-Inspector of Police to pay Rs 5 lakh as compensation for custodial torture inflicted on a woman.
A Division Bench comprising Justice Anita Sumanth and Justice Mummineni Sudheer Kumar took serious note of the officer's "arrogance" in failing to file a counter affidavit before the SHRC despite being granted sufficient opportunities, observing that grave allegations had been levelled against her and that she had failed to produce relevant records.
The petition was filed by Magitha Anna Christy, who was serving as Sub-Inspector at Guduvanchery Police Station in Kanchipuram district at the time of the incident. A woman, Thamaraiselvi, alleged that the officer assaulted her with a hand and a lathi and snatched her valuables and cash. Thamaraiselvi filed a complaint before the SHRC. Though Christy entered an appearance before the SHRC through counsel, she did not file a reply or adduce any oral or documentary evidence.
Relying on medical records issued by the Prison Hospital and photographs evidencing injuries, the SHRC concluded that the woman had been assaulted. It further found that the officer acted hastily on an uninvestigated complaint, denied legal aid and sent the woman to prison, awarding Rs 5 lakh as compensation and recommending disciplinary action.
Rejecting the officer's claim that the complaint was motivated by money, the High Court held that the uncontroverted allegations amounted to tacit admission and dismissed the plea.