Habeeb, Thoothukudi

Context of Torture                                                      

The Victim is an auto driver who went to take his auto at about 10.45 hrs on 09.06.2020, which was parked at Kuthukal Street, Kayalpattinam. At that time the road was blocked with barricade, due to the precaution of Corona Pandemic, and two women Police Constables were deployed for duty. The Victim was smoking cigarette, he was warned by the constables and they informed the matter to Arumuganeri Police Station. A police constable came in a two-wheeler and took the victim to Arumuganeri Police Station.

Type of Torture

In the police station, the victim was assaulted by Four Police, Tmt.Shanthi, Inspector of Police, Arumuganeri PS kicked the victim on his face, there after the constables beat the victim numerous times with a plastic pipe on the foot. Thereafter the police insisted the victim to sit and they stood on the thighs of the victim and again they hit him on his buttocks.

Perpetrators

Mrs. Shanthi (Inspector), Mr. Saravanan (Sub-Inspector) and 4 others.

Physical and Psychological Effects

The Victim was allowed to go home at 2.30PM. On 11.06.2020 morning, at about 11.00 hrs he was admitted at KMT, Hospital at Kayalpattinam for treatment for swelling of hand and leg and he has also complaint about the change in color of his urine to red. Thereafter the Victim was admitted at Govt Hospital, Kayalpattinam on the same day at about 18.45 hrs on the opinion of KMT, Hospital doctors. Where in the Govt.Hospital, Kayalpattinam doctor referred him to Govt. Hospital, Thoothukudi for further treatment.

In this connection the relatives of the victim have called an Ambulance from GH, Kayalpattinam. At this juncture Saravanan, SI of Police, Kayalpattinam with a Police constable went to the Govt. Hospital, Kayalpattinam and Threatened the victim and his family that they will foist criminal cases against victim and his family on trumped up charges. The Police forced the ambulance to return empty and erased the complaint of the victim in the Accident Register. The Victim was forced to return home without proceeding further treatment in Thoothukudi Government Hospital.

On 11.06.2020 at about 10.30 PM, victim felt severely ill, so went to KMT Hospital for treatment, fearing that he might not get admission and treatment, the victim Informed that the injuries were sustained as a result of a fall from an autorickshaw.  On 12.06.2020, the victim was shifted to Rosemary Hospital, Tirunelveli and he was given a treatment for urinal infection from 12.06.2020 to 18.06.2020 as inpatient. The Victim underwent Dialysis in Rosemary Hosptial and after this discharge, he was asked to come to the hospital for dialysis ever second or third day. Since then, victim has been vising Rosemary Hospital for periodic Check-p and review.

On 28.06.2020, the Deputy Superintendent of Police, Tiruchendur went to the victim’s home and insisted to settle the issue. Victim’s family refused to accept advice and money from a policeman who offered money to drop the victim complaint.

Description of assistance to be provided

• Representation was sent:

• District Legal Aid Society;
• Additional Chief Secretary of Tamil Nadu,
• Director General of Police,
• Inspector General of Police, South Zone,
• Deputy Inspector of Police, Tirunelveli Range,
• Superintendent of Police Thoothukudi.
• Representation was sent to transfer the case to CBCID,

• We approached the Judicial Magistrate, Tiruchendur and sought direction on the registration of the First Information Report.
• Criminal Appeal was filed in the Madurai bench of Madras High Court seeking direction to transfer the investigation and stay of criminal proceedings[i].
• Intervention before the High Court in extension of time application filed by CB-CID.[ii]