By TCN News,
Chennai: Hasan Ammal’s husband was tortured to death in police custody in 2005. She couldn’t even get the body as it was disposed of by the law enforcers. She vowed to get justice and it is her relentless strive that she did get justice though six years later. This past July the Madras High Court ordered the Tamil Nadu Government to pay her Rs 7.8 lakh in compensation and prosecute 11 policemen found involved in the killing of Muhammad Masud – Ammal’s husband.
Ammal and her husband Masud were the resident of Kadiyanallur, Thenkasi Taluk in Tirunelveli District of Tamil Nadu. The Kadiyanallur police officials took Masud on 28.11.2005 at 04 pm from his residence and he never returned home. He was handed over to the Aralvoimozhi Police. The Kadiyanallur Police also took in custody Ammal’s brother and her sister’s husband at 12 o’clock midnight on the same day. Later they were sent to Aralvoimozhi Police Station. The inspector of the Aralvoimozhi Police Station obtained a statement forcibly by threatening them. Next day on 29.11.2005 at about 9 pm they were sent back to home. But the police did not show Masud. When her wife asked, they informed that they would send him back safely. But Masud did not reach home.
Police: To protect or to … ?
Days and months passed and there was no response from the police officials about the whereabouts of her husband. Then Ammal filed a case in the Madurai bench of Madras High Court in 2006 seeking for a direction for production of her husband. Based on the submission made by the Public Prosecutor that a man missing case was registered in Cr. No. 391 of 2006 on the file of the Kadayanallur Police Station relating to Masud, the case was disposed of on 09.08.2006 with a direction to the inspector of Kadayanallur PS to trace the husband of the petitioner and to proceed with the investigation.
When nothing came out, Ammal approached higher officials about the illegal custody of her husband and only then DGP Chennai transferred the case in Cr. No.391 of 2006 to CBCID for investigation. They enquired lots of witnesses and they filed a report before the court of judicial magistrate Thenkasi seeking alteration of FIR in the case of 2006 from man missing to one under Sections 342, 344, 193, 218, 302, 506(11), 201 IPC. The FIR was altered from man missing to one of murder. But when no further progress took place hence Ammal filed a fresh case in 2007 before the Madurai bench to transfer the investigation from CBCID to CBI. The court on 12.12.2007 ordered revenue divisional officer, Kanyakumari to conduct an enquiry and submit a report to court on 02.01.2008. The officer conducted the inquiry and gave a report on 12.03.2008 finding that 11 police officials belonging to different police stations involved in illegal detention, wrongful confinement and beating of Masud. The officer found that the man was missing and his whereabouts was not known. Then Ammal filed a fresh writ petition seeking compensation as her husband died in the custody of the police. He was tortured to death.
Justice D. Hariparanthaman of Madurai Bench of Madras High Court on 01.07.2011 ordered the following:
“A sum of Rs 7,86,000 as compensation in toto by the first respondent (State) if Rs 1,00,000 is not paid to the petitioner. The first respondent should pay interest at the rate of 6% from 23.11.2009, the date on which the CBCID filed the report before the Judicial Magistrate, Thenkasi to the effect that the husband of the petitioner was murdered on 30.11.2005 at 11 pm at Keeriparai Police Station by using of force with 3rd degree method and his body was disposed to escape from the offence of murder. The first respondent is directed to pay the amount as ordered, within a period of 8 weeks from the date of receipt of a copy of this order. The write petition is disposed of.”
Ammal in the long journey to get justice got great support from state unit of National Confederation of Human Rights Organisations (NCHRO). Since 2007 senior Advocates T. Lajapathy Roy & Po. Rathinam and Advocates S.M.A. Jinna & Karunanithi have argued her case before Madurai Bench of Madras High Court, Adv. A. Mohamed Yusuff, State General Secretary, NCHRO, informed TwoCircles.net.
The 11 guilty police officials have already been suspended, he added. The officers include one Addl. DSP, two DSPs, one Inspector and one Sub Inspector.
[Photo by Mudassir Rizwan, TwoCircles.net]