Sensational Rajakannu custodial torture case at Madras HC for enhanced compensation, court seeks details

CHENNAI: In a plea seeking enhancement of compensation in the sensational Rajakannu custodial torture death case, which shook the conscience of the public in the 1990s inspiring the making of the movie Jai Bhim in 2021, the Madras High Court directed the petitioner to produce relevant documents to update the government counsel and adjourned the hearing.

The petition V Kulangiyappan, a relative of Rajakannu who was also a victim of custodial torture inflicted upon tribals but survived the gruesome acts, moved the HC to consider increasing the meagre Rs 10,000 solatium granted decades back.

After the submission, the judge asked the petitioner's counsel regarding the case details and other relevant documents in the custodial death and torture case.

As the government counsel was not well instructed regarding the particulars of the sensational case, the matter was adjourned after four weeks.

Justice G Jayachandran heard the petition moved by Kulangiyappan seeking enhanced compensation under the SC/ST (Prevention of Atrocities) Act, 1989.

The State submitted that the petitioner and his relatives who were subjected to the custodial torture were already granted compensation.

Since the incident happened in 1993 when the rules under the SC/ST Act were not framed, the enhancement of compensation cannot be granted and the petition not maintainable, the government pleader argued.

Rules of the SC/ST Act were notified on 31 March 1995, before the registration of the case against the petitioner.

The petitioner submitted that in 1993 he was illegally detained by the Kammapuram police along with his mother Achi, uncle Rajakannu, and other relatives.

Further, it was submitted that the police brutally attacked his mother, his uncle, and other relatives including his brother Kullan.

Due to this brutal attack, Rajakannu died and others sustained severe injuries.

He claimed that his mother Achi was traumatised, mentally and physically, due to the sexual assault inflicted by the police.

In 2006, the High Court convicted all the accused and granted interim compensation by directing the State to pay Rs 1.35 lakh to Rajakannu's wife Parvathi, Rs 50,000 to his mother Achi, Rs 25,000 to his brother Kullan, and Rs 10,000 to the present petitioner.

The petitioner contended that, despite all of them belonging to the Scheduled Tribe community, they weren’t awarded compensation under the sections of the SC/ST Act.

Even though the case happened before the framing of rules under the Act, the verdict for compensation, delivered in 2006, was well after the SC/ST Act was promulgated with all relevant rules.

The petitioner sought the HC to take into consideration directing the State to enhance the compensation.