JEHARA BEEVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The writ petition is filed, seeking compensation of Rs.5 lakhs with interest at 18% p.a. for the death of one Noor Mohammed, who is the son of the first petitioner and husband of the second petitioner, due to police excess, while he was in the police custody.

(2.) The petitioners claim for compensation on the ground that the said Noor Mohammed was arrested and brought to the police station and was without registering any case, illegally detained and in the course of such detention, harassed and tortured by the police personnel, resulting in serious multiple injuries. His arrest was not informed to the petitioners and was not given medical assistance after being beaten severely and he was handed over to his family members in unconscious state due to the injuries caused to him and he was taken to and admitted in the hospital and succumbed to the injuries sustained in the hospital at 11 pm on 20.9.2000.

(3.) It is the case of the petitioners that the police personnel treated Noor Mohammed in inhumane manner, which is in contravention of the directions issued by the Hon'ble Supreme Court in D.K.Basu's case and in violation of human rights and the complaint in this regard and the representation given to the higher officials were not met with due response and no action was taken against the police officials for such act. It is further stated by the petitioners that the petitioners were assisted by an Organisation People's Watch- Tamil Nadu, who helped them in lodging the complaint before the District collector and at the instance of the District Collector, RDO enquiry was held and medical report was obtained regarding cause and manner of death of Noor Mohammed. It is also their case that Noor Mohammed died leaving behind his mother, young widow, son and daughter and his entire family was depending on his earnings for their survival and his sudden death left them in grave financial distress without any means of sustenance.