MHC sets aside SHRC's direction against ADSP Velladurai in alleged custodial death

CHENNAI: Holding that the Additional Superintendent of Police (ADSP) Velladurai was not responsible for the death of a youngster due to the alleged custodial torture, the Madras High Court quashed the disciplinary action directed against the police officer by the State Human Rights Commission (SHRC).

In the absence of any cogent material or any evidence to prove the allegation against Velladurai for violation of human rights, this court comes to the conclusion that the police officer has been falsely implicated, wrote a division bench of Justice SS Sundar and Justice N Senthilkumar.

The bench also mentioned the report of the investigation officer, who was appointed by SHRC to investigate the death of the youngster, stated that injuries found in the deceased body could have happened while the public beat him up when he tried to steal a two wheeler and because of tuberculosis he was affected.

The doctor statement, who have examined the deceased, stated that there was no whisper from the deceased about the custodial torture and ill detention by the police when the judicial magistrate specifically questioned him about it, the bench wrote.

Further, the complaint lodged by father of the deceased before SHRC did not mention about Velladurai's presence nor that he has overseen the physical torture.

Velladurai moved the HC seeking to set aside the disciplinary action directed by SHRC in an alleged custodial death case.

In 2011, when Velladurai was the assistant commissioner of police, Anna Nagar, Madurai City, a complaint was lodged by Muniandi, who was a sweeper in the Virudhunagar municipality, alleging that his son Suresh (22) died on December 13, 2011 due to the custodial torture of police personnel of Karimedu police station.

However, the Karimedu police stated that on 5 December, 2011, the deceased Suresh and his friend David tried to steal a two wheeler, however ended up in the hands of the public, while escaping from the clutches of the public, they sustained severe injuries.

Later, they were examined in the Rajaji government hospital, Madurai. Subsequently, Suresh succumbed to the injuries.

In 2019, the SHRC directed to conduct investigation and a report was received by the investigation officer. Later the SHRC directed disciplinary action against Velladurai in regard to the alleged custodial death.