Chennai, March 2 (PTI) Accepting the contention of a woman activist that she was subjected to torture and harassment by seven police personnel, ranging from SI to ASP in Tuticorin, the Tamil Nadu State Human Rights Commission (SHRC) on Wednesday ordered payment of Rs 2 lakh as compensation to her, besides recommending disciplinary proceedings against the cops.
The charge against Sophia, the co-passenger in an Indigo flight to Tuticorin was that she shouted a slogan against the central government while then BJP state chief and now Telangana governor Tamilisai Soundarajan was disembarking from the flight at the airport there in September, 2018.
The woman, along with her father A A Samy, a retired doctor in Kovilpatti government hospital, was detained in the local police station for the whole day and subjected to harassment. Thereafter, his daughter was asked to sign some papers and was charged for offences punished under sections 290 of the IPC (public nuisance) among others.
She was taken to the residence of the Judicial Magistrate-III, who remanded her in judicial custody around 7.30 p.m. As she developed pain in her abdomen, she was rushed to the government hospital. Hence, the present complaint from her father.
Allowing the complaint, the Commission, by its member D Jayachandran, observed that the arrest of the activist was not at all essential. It is for the criminal court to decide whether the victim woman had committed any such offence as alleged. It was also established by the complainant that though the offences punishable under Secs. 290 of the IPC and 75 of TNCP Act were bailable in nature, the inspector attached to Pudukottai police station should not have arrested the victim in a mechanical manner.
The cops manning the station had fabricated the FIR by inserting Sec. 505(1)(b) of the IPC by hand, a non-bailable offence. The section pertains to committing an offence against the State or against the public tranquility.
The procedures laid down by the Apex Court on this aspect were not followed. It affected the liberty and freedom of the victim. “Therefore, this Commission holds that all the respondents (seven policemen) had violated the human rights of the woman”, the Commission said and ordered the compensation.
The inspector should pay Rs. 50,000 to the complainant, Dr Samy. The six other should pay Rs 25,000 each to the victim.
The State government shall pay the full amount within a month and recover the same from the police personnel later, the Commission said and recommended initiation of disciplinary proceedings against them as per the rules. PTI CORR SA SA
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