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Madras High Court disposes of PIL seeking quashing of Tamil Nadu Police standing order on immediate registration of FIR

The Madras High Court disposed of a Public Interest Litigation (PIL) seeking quashing of the Tamil Nadu Police Standing Order 151 and direction to the respondents to ensure the immediate registration of First Information Reports and investigation by the Special Investigation Teams constituted under the Protection of Human Rights Act, 1993 and speedy prosecution in all cases of custodial death, torture, rape and all custodial violence, including in respect of the torture and grievous injury suffered by the victim at the hands of the then Inspector of the Respondent Police Station and a award of compensation of Rs.10 lakhs to the torture victim.

The compensation of Rs.5 lakhs was disbursed to G.Arun Kumar (victim) and the acknowledgment for the receipt of the said amount has been sent vide letter dated 13.4.2018.

It is further stated by the state government that the District Collector, Chennai, has issued the Government Order sanctioning the amount of Rs.5 lakhs and also directing to take departmental and criminal action against the six erring police officers and to recover the compensation from their salaries and retiral benefits. Action has not been taken against one Thirugnanam, who has already expired.

“It also appears that the law enforcement machinery is moving at a snail’s pace. The incident is of the year 2006. As yet, the departmental enquiry is not concluded, nor any criminal action is taken. In matters of such nature, it is expected that the respondents act responsibly and take stern action against the erring officials. The compensation amount is also paid in the year 2017/2018, after about 12 years. The laxity on the part of the respondents cannot be appreciated. On the contrary, the same needs to be deprecated”, the Division Bench of Chief Justice Sanjay V.Gangapurwala and Justice P.D.Audikesavalu observed.

The Court expects the respondents to complete the enquiry and take up the criminal or other proceedings expeditiously and direct that in all such matters, the respondents to act without delay.

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