Madras HC orders magistrate inquiry into Madurai police assault death

MADURAI: The Madurai Bench of the Madras High Court on Monday ordered a magistrate inquiry into a woman's allegation that her husband was assaulted by police personnel, suffered a head injury and later died at a private hospital.

Observing that there was prima facie material in the allegation that the petitioner's husband, Paramasivam (52), had been brought to Chinthamani police station and assaulted there, Justice Murugan also directed a three-member team of senior forensic doctors to conduct the post-mortem.

The court also appointed an advocate commissioner to inspect whether CCTV cameras were installed at the police station and whether any cameras had been removed.

The deceased's wife, Ayyammal of Madurai, claimed in her petition that she and her husband had lodged a complaint against their neighbours at Chinthamani police station on July 17 following a parking dispute.

During the inquiry on July 19, Inspector Vijayakumar, Sub-Inspector Jayakumar, Constable Anand and other police personnel allegedly kicked her husband with their footwear and assaulted him on the head.

The police also threatened to register a ganja case against her son if she disclosed the incident, she claimed. The inspector allegedly threatened Paramasivam to inform the police control room that the issue had been resolved.

Subsequently, Paramasivam was admitted to Government Rajaji Hospital on August 5 after a scan revealed bleeding in his brain. A police personnel named Abdul Mohamed allegedly threatened them to get him discharged from the hospital, she claimed. Paramasivam was later admitted to Velammal Hospital and died due to continued bleeding on August 16.

During the hearing, Additional Advocate General Pathir, appearing for the State, submitted that the petitioner's husband had not died at the police station and that the police had not taken him into illegal custody. Therefore, there was no basis for an inquiry, he argued. He further submitted that, as a case of suspicious death had been registered, a routine post-mortem would be conducted and the procedure would be fully videographed.

Appearing for the petitioner, advocate Haroon Rasheed argued that the allegations indicated that the assault had taken place in police custody. He requested the formation of a three-member team of doctors comprising one senior professor from the forensic medicine departments of the government medical colleges in Madurai, Theni and Sivaganga to conduct the post-mortem and that the entire procedure be videographed and that the CCTV footage from the station be preserved.

After recording the submissions, the court passed the above order.