Rajakannu v/s Tamil Nadu (Jai Bhim Movie case)
Rajakannu and his wife Parvathi (hereafter Petitioner) staying in a small
village with four children. suddenly one day police came to petitioner house for
taking custody to her husband at that time her husband went to work at early
morning so police took petitioner, her two sons and her brother-in-law beaten by
police petitioner that night slept in the police station after a while
petitioner husband caught by police. Then police detained the petitioner and her
sons and her brother-in-law. The day after, the petitioner came to the police
station with food to see her husband. Police informed that petitioner husband
had escaped from custody and he was missing then petitioner moved the high court
under article 226 of the constitution of India and has sought for a writ in the
nature of habeas corpus for the production of the body of petitioner husband and
compensation as a consequence of the alleged detention, injuries and
disappearance of Rajakannu at the hand of the Respondents herein and others as
well has for the misbehavior of the respondents with the petitioner and others.
Facts:
Five police officers travelled to the petitioner's village with police sub
inspector and others. to police station with them. On March 22, 1993, when the
petitioner's spouse was taken into jail, she witnessed her husband being
violently abused by police while being chained to the window bars. She was also
assaulted after she was questioned about the same.
The petitioner husband had major wounds on the body due to the wounds sustained
by them and their health deteriorating resultantly, a homeopathic doctor was
called to treat them. Once the doctor left, they were again beaten by police.
Then the petitioner was forced to leave the police station before she reached
the village. The police already reached her village and said that the husband of
the petitioner was missing in the police station.
The petitioner conducted several investigations and then sent telegrams to the
chief minister and chief judge of Madras. She claimed that the respondent police
had murdered her husband, secretly dumped the body, and filed a missing persons
report. The court accepted the petition on April 21, 1993.
The respondent police provided their own version of events as follows: on 20-03-
1993 one kadirvel padayachi of another village filed a complaint for a theft
alleging that 43 sovereigns of gold valued at Rs 1,30,000/- was stolen on
19-03-1993.
It was discovered that some residents of the petitioner's village had inquired
about the petitioner's husband in particular. On March 21, 1993, the
petitioner's husband was located and questioned. He was then taken to several
locations, including Neyveli and Didrikuppam, among others. On March 20, 1993,
they encountered the petitioner and, on the basis of some information she had
provided, brought her to the police station.
The husband of the petitioner had been told to spend the night in the thatched
building next to the police station. However, after a thorough search, he had
vanished that very night, and he wasn't discovered until January 4, 1993.
Arguments
The fourth respondent said that after scrutinizing the contents of the petition
I immediately directed the third respondent herein to investigate into the
matter and as evidenced by note bearing C No-102 dated 23-03-1993 he has also
stated that it was pursuant to the directions given by him that the third
respondent viz deputy superintendent of police, vridhachalam, instructed the
Inspector of police, vridhachalam to take further action in the matter. Further
action, this respondent's affidavit says accordingly the case in Cr.No 114/93
was registered on the file of kamalapuram police station as man missing and the
same is being investigated by him. As to the allegations of assault upon the
petitioner, her husband and others, by the police at the said police station,
this respondent has said, the deputy Superintendent of police, Vridhachalam
referred the matter to the revenue divisional officer, Vridhichalam R.
Krishnamurthy for enquiry and as submitted earlier directed the third respondent
herein also to register a case and investigate into the same.
Despite acknowledging that the second respondent gave him the go-ahead to look
into the petition submitted by the petitioner on March 24, 1993, the respondent
as well as deputy superintendent of police stated, "Accordingly, I directed the
inspector of police, Virudhachalam-police station to register a case &
investigate into the same." However, he has another testimony that allegedly
reveals that Rasakannu was seen by one Panneerselvam at Mandarakuppam hamlet in
Neyveli at around 9.0 pm on March 22, 1993, during the investigation into the
case that he had begun. The probe also revealed that Rasakannu borrowed Rs 100
from the aforementioned Panneerselvam while simultaneously telling him he was
visiting the neighborhood doctor Mr. K. Ramachandran because he was experiencing
physical discomfort.
The fourth respondent's counter-affidavit contains a narrative of events to the
following effect: on March 20, 1993, each Kadiveral Padayachi, son of Ponnuswamy
Padayachi of Gopalapuram village, filed some complaints with him for an offense
of theft. The complaints had alleged that some trespassers into his house on the
night of March 19, 1993, stole jewelry valued at approximately 43 sovereigns,
that took place reported to police under Sections 457 and 380
On 21-03-1993 fourth respondent went to Madannai and traced Rajakannu about 5 pm
and questioned him regarding the theft. In the night about 9.45 pm he escaped
from the police station.
However, the petitioner stuck to her claims, denied the allegations, and argued
on behalf of the respondents that the petitioner's spouse had escaped from
police custody. The case, however, took an odd turn when the court began to hear
testimony on whether the petitioner's account or that of the fourth respondent
was accurate; whether the petitioner's husband had escaped from police station
or was somewhere available to either petitioner or any other person; and whether
there was any justification for entertaining a writ petition for a writ in the
nature of habeas corpus based on the facts that were material. A few respondents
have oddly additionally cross-examined some witnesses in addition to being
cross-examined themselves.
We explored whether it was possible to get to the truth by an impartial
investigation strictly in accordance with law when the matter first came before
us for hearing and we heard learned counsel for such parties on the desirability
of any enquiry through this court after taking evidence that either petitioner
or the respondents intended to adduce. On assurance by the learned Advocate
General that there would be an impartial investigation by an.
However, as stated through our order dated April 29, 1994, we accepted the
investigative proposal with minor modifications. We instructed the petitioner to
include in the case record a thorough account of the circumstances that could
serve as a first information report for the police to act upon. In response, the
petitioner submitted a thorough affidavit of an event signed by one Govindaraj,
which, when combined with Parvathi's declaration, seemed to wrap up the
petitioner's case's account of the occurrences.
Judgment
Court passed the following order: We therefore order the government to award the
petitioner compensation in the amount of Rs. 1,10,000, pay her Rs. 10,000 in
cash, and invest the remaining Rs. 1,00,000 on her behalf in the some safe
scheme without risk to deliver to her monthly income of at least Rs. 1,000. In
addition to the monetary compensation, the state shall immediately recognise the
petitioner's tenancy and issue the necessary orders of assignment.
The government shall invest a sum of Rs. 25,000/- in addition to the above, in
the name of the minor daughter of the petitioner, viz chinnaponnu, which money
the petitioner shall not be entitled to withdraw and interest shall be delivered
to the petitioner's minor daughter chinnaponnu only when she would attain
majority and when she is married. Achi, another victim who has suffered greatly
at the hands of the fourth respondent & his men, shall receive a separate
monetary settlement from the government in the amount of Rs 50,000; Kullan,
Achi's stepson, shall receive a separate monetary settlement in the amount of Rs
25,000; and Ravi, Mariappan, Rathinam, Govindarajan, and Kolanchi shall receive
a separate monetary settlement in the amount of Rs 10,000.
It is clear that any compensation provided to Kolanchi, the son of Achi, and
Ravi, the son of the petitioner R. Parvathi, who are both minors, shall be
accepted on respective behalf by their guardians exclusively. It will be proper,
in our opinion, in such a situation to order that Rs. 10,000/- to Kolanchi
received as compensation will be kept by the state in their favor so that when
they reach majority, they will get the full compensation amount plus interest.
Within a week of receiving a copy of this order, the investments for such
aforementioned purposes must be made. Within three months of receiving a copy of
this ruling, all proceedings related to the above-requested assignment of a land
to petitioner R. Parvathi should be finished. In the event that the case is
tried in courts in accordance with the law, the state government will have the
right to realize and recoup the amount of compensation from the fourth
respondent or any other accused party. The court ruled that Rajakannu's death
occurred in a custody setting, and the accused police officers were subsequently
given a fourteen-year prison term with hard labor.
Analysis of the case
Rajakannu and his wife Parvathi (hereafter Petitioner) was staying in a small
village with four children. suddenly one day police came to petitioner house for
taking custody to her husband at that time her husband went to work at early
morning so police took petitioner, her two sons and her brother-in-law beaten by
police, petitioner that night slept in the police station after a while
petitioner husband caught by police. Then police detained the petitioner and her
sons and her brother-in-law. The petitioner visited the police station the
following day with food in order to see her husband.
When the police reported that the petitioner's husband had escaped from custody
and was missing, the petitioner sought a writ in the nature of a habeas corpus
for production of the body of the petitioner husband as well as compensation for
Rajakannu's alleged detention, injuries, and disappearance at the hands of a
Respondents herein and many others as well as for the misbehavior of the
respondents. This lawsuit was filed by Parvathi, a member of a tribal group. As
a result of the alleged detention, harm, as well as disappearance of Rajakannu
just at hands of the respondents herein and others as well as for the
misbehavior of the respondents with the petitioner and others here, she moved
the high court under article 226 with in nature of the habeas corpus for the
production of her husband's body of Rajakannu and for compensation. Four
children were born to daily wage agricultural laborers Parvathi and Rajakannu.
On spurious grounds, the police detained them. And the police were severely
beaten by the police. Eventually the court cross-examined high witnesses with
the support of B.Perumalswamy, an officer belonging to the Indian police
service, and who is holding the office of the Inspector General Police took up
the investigation and recorded the witnesses for the prosecution. He submitted
the report to the court after Rajakannu was found dead at the police station. It
was believed that the body ought to be buried nearby if the missing person had
perished while being held in captivity. After a thirteen-year legal battle, the
court determined that Rajakannu died in custody, and the accused police officers
were subsequently given a fourteen-year prison term for the murder. In India,
nobody has to worry about anything.
The honorable judges of a Madras High Court went above and beyond the call of
responsibility to uphold the rule of law. Similar judicial rulings over time
have led to changes in criminal investigation procedures. However, the ruling in
Rajakannu v. State of Tamil Nadu and Ors. is a typical illustration of
how the court acted quickly to seek justice for those who had been the victim of
police abuse. An element can never be destroyed, in actuality. Even if a case is
lost, the truth will always win out.
Conclusion
This case was filed by Parvathi, a tribal woman. she moved high court under
article 226 in the nature of the habeas corpus for the produce of her husband
body of Rajakannu and for compensation as a consequence of the alleged
detention, injuries and disappearance of Rajakannu at the hands of the
respondents herein and others as well as for the misbehavior of the respondents
with the petitioner and others here Parvathi and Rajakannu was daily wage
agricultural laborers having four children's the police arrested them on false
allegation. And the police were severely beaten by the police.
Eventually the court cross-examined high witnesses with the support of
B.Perumalswamy, an officer belonging to the Indian police service, and who is
holding the office of the Inspector General Police took up the investigation and
recorded the witnesses for the prosecution. He submitted the report to the court
after Rajakannu was found dead at the police station. It was suspected that in
case the missing person died while in custody, the body should have been
disposed of in the nearby area. After a thirteen-year legal battle the court
adjudicated that this was a case of custodial death and then accused police
officials were sentenced to fourteen years of rigorous imprisonment for the
murder of Rajakannu.
Any person in India lives without any fear. The Hon'ble judges of the madras
high court not only upheld the rule of law, but also exhibited empathy beyond
the call of duty. Over the years, reforms in criminal investigations have been
brought about because of similar judicial decisions. The judgment in Rajakannu
Vs state Tamil Nadu and Ors however stands as a classic example of court's
prompt intervention to secure justice to the victims of police brutality. The
truth is an element is never destroyed. A proceeding may be lost but the truth
will always triumph.
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