Slamming SI’s ‘tacit admission’, Madras High Court upholds Rs 5 lakh relief to woman ‘assaulted’ at police station

Allegations

• S Thamaraiselvi filed a complaint before the SHRC in April 2021, claiming abuse of power and violation of human rights at the hands of Christy, who allegedly assaulted her in a brutal manner.
• Subsequently, the petitioner was issued notice to reply to the same. She reportedly managed an appearance on her behalf through a counsel, but in spite of several opportunities, failed to file any reply or counter.
• The survivor, meanwhile, submitted an affidavit supporting her complaint, but the petitioner failed to provide any oral or documentary evidence. Hence, the Commission proceeded to consider the complaint on its own merits, based on the material placed on record.

‘Arrogance of sub-inspector’

• There are serious allegations of assault and abuse of power levelled against the petitioner in the complaint made before the Commission, the court noted.
• The petitioner’s argument that the survivor was ready to withdraw the complaint on the condition of paying Rs 3.5 lakh suggests that the complaint is intended only to extract money from the petitioner.
• It is nothing but a tacit admission on the part of the petitioner.
• The petitioner is not allowed to find fault with the conclusions arrived at by the said Commission, considering her failure to file a reply before the Commission, despite the service of notice and providing several opportunities.

• The petitioner is not entitled to any relief from this court, considering the conduct of the petitioner in the light of serious allegations made against her, coupled with her arrogance in not filing a counter, and her failure to produce the relevant records despite directions.
• After considering the severe injuries suffered by the survivor and the nature of her allegations, the Commission accepted the survivor’s allegations against the petitioner, especially in the absence of any counter being filed.
• It concluded that the petitioner assaulted her using hands and a lathi at the police station, apart from snatching her valuables and cash hastily.
• The Commission awarded a compensation of Rs 5 lakh to the survivor, besides recommending severe disciplinary action against her.

Cops in Bhind under scrutiny

In an unrelated order, police officers in Madhya Pradesh’s Bhind district have come under the scrutiny of a district court following allegations that five men were assaulted in police custody.

A district judge recently ordered a fresh medical examination by a panel of doctors and ordered that the medical board’s report be presented before the court.

The five accused — Deepak Sharma (48), Abhishek Sharma (20), Vivek Sharma (19), Suresh alias Tinku Sharma (36), and Kallu alias Pramod Sharma (26) were allegedly beaten while in custody at Phoop Police Station.

“The accused were medically examined, and when questioned, they stated that the injuries on their bodies had been inflicted by the police during beatings at the police station,” Judge Vivek Mal said.