Madurai: Madras High Court bench today directed the Principal secretary (Home) to pay a compensation of Rs 1.5 lakh to a HIV infected petitioner, who was forced to undergo imprisonment for more than six years in a criminal case though he was not connected with it at all.
Justice M Sathyanarayanan in his interim order said the petitioner Sathya was already suffering from HIV infection and needed to be treated, and should be given compensation in four weeks to meet his immediate medical expenses.
Sathya submitted that a Sub inspector and Inspector had falsely imlicated him as accused in a case. The real accused in the case, registered in 2001,was one Murugan, he contended. But police 'foisted' the case on him by not only changing his name as Murugan alias Sathya, but that of his father as Rasu alias Karuppiah (Murugan's father's name is Karuppiah).
The lower court convicted him, in place of Murugan,and sentenced him to nine years Rigorous Imprisonment. Meanwhile he stated the facts to the lower court, saying he was innocent and it allowed his petition and directed police to pay him Rs three lakh as compensation.
It also directed that a case be filed against the SI. The SI the moved court. The HC remitted the case back to Additional Assistant sessions judge for a full fledged enquiry and Impleading the Inspector also in the case. The lower court directed the Dindigul SP to file case against both the SI and Inspector.
It also directed him to go to civil court for compensation.Hence both police officals and the Petitioner filed an appeal against beforethehigh court. While Sathya sought compensation, the Police personnel wanted the lower court order tobe set aside. The Judge expressed suprise as to how the Inspector was allowed to retire when he had committed a serious mistake, and how the SI was promoted as Inspector.
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