Police excess: SHRC recommends compensation for victim taken into custody

Home Secretary to recover the compensation from four women police personnel

The State Human Rights Commission (SHRC) on Thursday recommended a compensation of ₹1.75 lakh to an individual, who was taken into custody by women police, in connection with a domestic dispute, despite producing a copy of Chief Kazi, who had granted a divorce from his wife. The Commission also recommended the Home Secretary for initiating departmental action against four women police personnel, involved in the case, as per the rules.

Passing orders on a complaint by H. Abul Hassan of K.K. Nagar in Chennai, SHRC member A. Chittaranjan Mohandoss also recommended the Home Secretary to recover the sum of compensation from Lakshmi, then Women Inspector of Police, Pasupathy, then Sub Inspector of Police, Meerabai and Varalakshmi, then Women Head Constables — all attached to R3 Ashok Nagar All Women Police Station – a sum of ₹1 lakh and ₹25,000 from them respectively.

According to complainant H. Abul Hassan, he was illegally arrested by the respondents, despite producing a proof that the Government Chief Kazi by his official order on January 27, 2013 had granted a divorce from his wife by way of ‘Talaq’. Despite the order of Chief Kazi, after a period of eight years, he was arrested by the respondents illegally and hence the complaint.

The complainant’s wife had an illegal affair with another man and hence the divorce, he said. Both Chief Kazi and the Principal Judge of the Family Court in Chennai had ordered in his favour for the custody of both his children, the complainant said. The Madras High Court too had dismissed the habeas corpus plea filed by his former wife in 2012, he said.

While so, on December 19, 2012, a group of goons barged into his house and assaulted his family members and the complaint filed by his father in K.K. Nagar Police Station was not acted upon, he said. When his visited the house to collect his belongings, he was assaulted by his former wife and her family members and when he attempted to file a complaint with Ashok Nagar Police Station, it refused to accept his complaint, he alleged.

After he moved a criminal original petition before the Madras High Court seeking to register a complaint against his former wife and her family members, it ordered in his favour. But, the Inspector summoned him for enquiry on a complaint filed by his former wife who alleged that he demanded dowry and also to handover the custody of children to her. Though he appeared for enquiry, his former wife did not appear. Though he produced that he had obtained a divorce from his former wife through Chief Kazi, the police personnel did not check the documents, he said.

After hearing arguments from both sides, the Commission passed the orders in favour of the complainant on Thursday.

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