Madras High Court orders CBI probe into custodial torture of woman

The Madras High Court on Wednesday ordered a CBI inquiry into the alleged torture of a woman at a police station at Udumalaipet in Coimbatore district.

Justice V Ramasubramanian, in his order, also directed the State Government to pay an interim compensation of Rs two lakh to the family of the woman and asked authorities to file an FIR in the case.

The victim's daughter had moved the court alleging that her mother was physically harassed by the police after her arrest on August 14 in connection with the murder of the owner of her rented house. The petitioner contented that the prison authorities had refused to take her mother in without a medical certificate explaining the injuries on her.

On Sept 10, the High Court had directed the nodal officer of the hospital, who discharged the woman without any court order, to submit all medical reports and the case sheet in a sealed cover to the court.

In his order today the Judge said "neither the Inspector of Police of Udumalaipet appears to have informed his superior officers nor his superior officers about the incident". The recording made by the Medical Officer of the Central Prison, Coimbatore, on August 15, was sufficient for the police to register an FIR, the Judge said.

Moreover, the petitioner did not rush to this Court immediately. She actually moved the Court of Judicial Magistrate for an inquiry into the allegations of torture. "I am not very happy about the manner in which Judicial Magistrate No.II, Udumalpet acted at the time of remand".

Even as per the counter affidavit of the Inspector of Police, the Judicial Magistrate No.II's remand report have noted the injuries. However, the Remand Magistrate has recorded that there was no complaint against police, the Judge said.

But the Medical Officer of the Central Prison, Coimbatore, had recorded on August 15 that there was an assault by Udumalpet Police on her using PVC pipes.

The recording made by the Medical Officer of the Central Prison clearly demonstrates that the Remand Magistrate did not perform his/her duties properly and effectively.