TN Human Rights Commission orders compensation to 4 Muslim men tortured by police for allegedly throwing cow's head inside RSS office

The State Human Rights Commission (SHRC), Tamil Nadu has held that Madurai Police personnel violated the human rights of four Muslim youths by illegally detaining and torturing them on accusation that they had thrown head of a dead cow inside the office of Rashtriya Swayamsevak Sangh in Madurai [U Shahul Hameed (Died) vs. P Parthiban, Sub-Inspector of Police]. .SHRC Member D Jayachandran ordered that a compensation of ₹1,00,000 be awarded to each of them and also recommended that disciplinary action be initiated against the errant cops.The Court was hearing a complaint alleging that the respondents took the four complainants to the Sellur Police Station in relation to a case alleging that they had thrown a cow’s head inside the RSS's office in Madurai. Despite the complainants’ denial, they were tortured by the police. The complainants stated that they were not provided any water or food, and were illegally detained..The Court’s attention was drawn to the report of a fact-finding committee under the head of the Human Rights Defender that came to the prison while the complainants were in custody. The report pointed out that harassment and torture was meted out to the complainants..The respondents, however, wholly denied these allegations stating that they never illegally detained or tortured the complainants. It was submitted that the complainants were attempting to tarnish the image of the police officials at the instigation of “anti-social” elements, and therefore concocted a false story..The SHRC, to decide on the case, relied on the judgment of the Supreme Court in Dr. Mehmood Nayyar Azam vs State of Chattisgarh, where it held: “In Bhim Sing, MLA v. State of J & K, 1985(4) SCC 677, this Court expressed the view that the Police Officers should have greatest regard for personal liberty of citizens as they are the custodians of law and order and, hence, they should not flout the law by stopping to bizarre acts of lawlessness. It was observed that custodians of law and order should not become depredators of civil liberties, for their duty is to protect and not to abduct.”The SHRC opined that this ruling applied squarely to the case on hand..It was stated that the allegations against the respondents were proved by the complainants, who in turn failed to prove their innocence. Thus, the action on the part of the respondents amounted to a violation of the human rights of the complainants..In light of this finding, and based on the judgment in D.K.Basu vs. State of West Bengal, it was observed that, “it is now a well accepted proposition in most of the jurisdiction, that monetary or pecuniary compensation is an appropriate and indeed an effective and sometimes perhaps the only suitable remedy for redressal of the established infringement of the fundamental right to life of a citizen by the public servants.”.Therefore, the SHRC directed the Government of Tamil Nadu to pay compensation of ₹ 1 lakh within a month from the receipt of the recommendations. Further, the Commission recommended disciplinary action against the police officials..The Popular Front of India (PFI) provided legal aid to the complainants for the case..[Read Order]