The Madras high court has upheld the order of the state government to recover from two police officers the compensation amount awarded by the court to the family of a deceased who died because of police torture.
Justice K. Chandru dismissed the petitions filed by K. Subramaniam, who was working as special sub-inspector of police (formerly head constable) and B. Kalitheerthan, who was the inspector of police, coastal security, Nagapattinam (formerly sub-inspector of police), challenging the recovery of Rs 1,93,548 and Rs 2,56,452 respectively from them.
They contended that in the criminal case, judicial magistrate-III, Pollachi, had acquitted them and that acquittal was final.
The departmental inquiry attempting to enhance the penalty was given up in one case and in another, the court had set it aside. Therefore, the allegation of torture was not proved.
Based upon the order passed by this court, without notice to them, the amount cannot be recovered.
Rejecting their contention, Justice Chandru said when the relatives of the deceased filed a petition, the state government was a party and this court had recorded the finding that acquittal by the criminal court has no relevance denying payment of compensation.
The court’s order directing the state to pay Rs 5 lakh compensation has become final as neither the state nor the two aggrieved petitioners preferred review or an appeal.
Therefore, the findings recorded by this court regarding the third degree method adopted by the petitioners remained intact.
The court also took note of the acquittal by the criminal court while rendering the findings, the judge added.
The judge said while the state’s liability to pay compensation cannot be questioned, similarly, the state’s power to recover the amount from the officers who had committed such misconduct also cannot be questioned, notwithstanding their acquittal and departmental proceedings favouring them.