Law of Torts : What action on cops in torture case?

By U Sudhakar Reddy
The traumatised victims of police torture in the Mecca Masjid blast case have approached the court demanding compensation from the State government for the nightmarish experience they had to undergo.

They are also seeking action against the guilty police personnel for ruining their lives and careers and for causing unending distress to their families.
Though the Law of Torts is not as strong in India as in other countries, there have been several instances wherein courts have granted compensation to the victims of police torture.
“We have filed a petition in the city civil court as per Law of Torts,” said the senior advocate, Mr Shafeeq Rahman Mahajir, who is fighting the case for the torture victims. “Our contention is that the police had put unnecessary blame on these innocent youth and their rights were violated at the instance of the State. So the State is liable to compensate them.”
The advocate said the demand was for Rs 20 lakh as compensation to each of 20 boys illegally detained and framed by the police. “We also asked for an unspecified amount for the mental trauma and dislocation suffered by the families,” said Mr Mahajir. “We have urged court to recover the entire compensation amount from those who illegally detained the youth."
He said that the court should ideally attach the assets of police officers facing the charge of torture to teach them a lesson and to give an example to other cops. "We have cited a High Court order in an earlier case where Rs 32,000 per day was awarded as interim relief to those detained by the police illegally,” said the advocate. “Some of the boys from the city were detained in jail for 18 months in the Mecca Masjid case.”
The court is now awaiting the responses from the defendants — the government and police officers — in the case. Reacting to the development, the former director general of police, Mr Pervaram Ramulu, cautioned the police to be alert while dealing with major cases such as blasts. “The police should act only when they have evidence and should not rush to conclusions,” he said. “Superior officers should not put pressure on investigating officers to show results.”
“Investigators must be doubly careful or the reputation and life of people will be damaged,” said another former DGP, Mr Swarnjit Sen, who added that such cases were rare and the Hyderabad police usually went about their probes in a scientific manner. “Police in this case violated National Human Rights Commission and Supreme Court guidelines on arrest and detention,” said the human rights advocate, Mr Lateef Khan. “They targeted the entire Muslim community.”