Came for daughter’s wedding, ended up in jail: Kerala High Court awards Rs 14 Lakh compensation to NRI man, kin

Findings

• If the investigating authorities had taken a little care and caution in reanalysing the materials collected by them, such an unfortunate incident would have been avoided.
• Police had not clearly responded to the allegations of defaming the man by taking him to the public places and houses of his near relatives and also subjecting him to both public and media trials.
• No specific answer given by the police with respect to defaming the 1st petitioner in the society for a crime which was not committed by him, by taking him to the public places and houses of his near relatives and also subjecting him to both public and media trial.

• Family members also suffered similar humiliation, especially when his daughter’s marriage was fixed on a near date.
• Fit case to award compensation.
• Direction issued with the intention of ensuring that police officers do not indulge in such irresponsible conduct and to serve as a deterrent against such actions by other officials in the future.
• Compensation awarded would not prevent the family from pursuing civil remedies against the erring officers for the damages sustained by them.

Background

• The petitioner, V K Thajudheen, an overseas employee, had returned to Kerala in June on a 15-day leave to conduct his daughter’s marriage.
• While returning from his sister’s house, police intercepted and sought help in lifting their jeep, which was stuck in the mud.
• However, man remained seated in the car due to back pain but was insisted by the police to come out.
• It was alleged that the police dragged him out of the car and clicked his photographs.
• The police allegedly declared him as a thief and threatened that if he did not confess, he would be treated severely and face dire consequences.
• Later, he was implicated in a gold chain-snatching case registered at Chakkarakkal police station.
• It was alleged that Thajudheen was falsely implicated in a gold chain snatching case, declared as a “thief”, paraded through public places and relatives’ houses, and subjected to mental and physical harassment.
• When he reached back at his place of employment in Qatar, he was again imprisoned for 23 days, allegedly for overstaying.
• He, therefore, approached the high court seeking a compensation of Rs1 Crore towards the mental shock, agony, anguish, and pain suffered, the loss of employment and the subsequent incarceration in Qatar.