Court directs CBI to investigate an alleged custodial violence involving custodial rape: Madras High Court: In a significant decision regarding alleged brutal custodial rape and violence committed by the policemen of Udumalpet Police Station, the Court directed the Central Bureau of Investigation (CBI) to conduct the investigation into the matter of custodial rape. The Court also awarded interim compensation to the victim. The petitioner’s mother who is the victim in the instant case was arrested on the charge of murder and after observing the procedures and taking the victim into the police custody, the petitioner alleges that the male police officers in charge subjected the victim to severe third degree methods including hanging her upside down and insertion of lathis into her private parts. The petitioner was represented by M.Purushothaman the respondents were represented by I.S. Inbadurai. The Court lamented on the apathetic approach taken by the judicial magistrates upon the grievance raised by the victim and the failure to register the FIR and termed that the whole fiasco has been dealt with extreme insensitivity. Keeping in mind the gravity of the case, the Court therefore observed that the investigation should be entrusted to the CBI as the present case is one of the exceptional circumstances where the High Court can issue directions to the CBI to investigate a case as it involved violation of victim’s fundamental rights as she has been subjected to brutal custodial violence. The Court further observed that the allegations made by the victim are serious in nature therefore they should not be ignored at all. Finally citing Nilabati Behera v. State of Orissa, (1993) 2 SCC 746, the Court directed the State to provide the victim an interim compensation of Rs 2 lakhs. [P. Rajakumari v. Additional Director General of Police, Writ Petition No. 23320 of 2014, decided on 24.09.2014]
Posted on: Fri, 03 Oct 2014 01:53:57 +0000