Fake encounter case: SHRC orders Rs 5L fine, criminal prosecution

The incident happened 11 years ago when a police party shot Mithun Chakravarthi, a gold medallist in BSc Chemistry at Kumbakonam Government College. According to his family, the maternal uncle of his father and an inspector, who were involved in a property dispute with Mithun’s father Prakasam, instigated a student to file a murder attempt complaint against Mithun.

After facing more such cases, Mithun left for Bengaluru, but later he returned to search for a job in Chennai. On April 1, 2008, after learning that Mithun was arrested by the police, his mother Devi sent telegrams to the Governor, CM’s Special Cell, Human Right Commission and various other officials, expressing fear that he could be killed in a fake encounter. On April 3, the family learnt that the police shot him dead. Though the family alleged that it was a planned murder, inspector Siva Baskar of Papanasam station, inspector S Ganesamoorthy of Peravoorani station and SI R Bharanidharan of Tiruppananthal station, all in Thanjavur district, denied it.

Through a common counter, the personnel said early on April 3 morning, they tried to flag down a motorcycle rider. The SI identified him as Mithun, whom they were hunting for long in connection with four murder cases. He allegedly hurled two country bombs and then attacked Siva Baskar and Bharanidharan with a machete.

Ganesamoorthy took out his 9 mm service pistol and warned him to drop the weapon and surrender. When he did not pay heed to this, the inspector shot MIthun on his chest, they claimed.

However, based on the oral and documentary evidence and arguments put forth by counsels for both parties, the Commission said the complainants – Mithun’s mother Devi and the human rights NGO People’s Watch, Madurai – established that he was arrested and tortured by the police before the alleged encounter.

It then recommended the State government to pay Rs 5 lakh to Mithun’s mother, and initiate disciplinary action and criminal prosecution against the inspectors and the SI. It also recommended disciplinary action against the then Thanjavur East police inspector Venkatesan for not investigating Prakasam’s complaint.

The commission also recommended magisterial inquiry into all cases of deaths in course of police action, and report within three months, and also investigation by CB-CID into all encounter deaths with the report submitted to the court within six months.

Observing that custodial violence was anathema in any civilised society, Commission member D Jayachandran said police should make a conscious effort to banish it if they were to earn respect and cooperation of the public, and recommended a sustained campaign in this regard.