Dear Friends
Please take action on the information below, forwarded from the organisation Peoples Watch-Tamilnadu, which is a human rights organisation working for the protection and promotion of human rights in the state of Tamilnadu, India. Peoples Watch-Tamilnadu have been taking action on behalf of the citizens of Tamilnadu and elsewhere regarding blatant violations of human rights.
In brief, the latest case is that of Nadukaruppasamy and his brother Chinna Karuppasamy. Nadukaruppasamy died in custody in the Satyamanglam police station due to inhuman treatment and torture. Later on, after his death, police officials also harassed the family and made false claims/cases against him and his family members.
A full report can be found on the pages that follow. The names and addresses of the officials to whom the solidarity letters need to be sent have been included at the end of the report. The demands have been listed at the end of the statements.
Yours sincerely
Mr. Henri Tiphagne
Executive Director
People’s Watch Tamilnadu
No.6-A, Vallabhai Road, Chokkikulam, Madurai 625 002.
Phone No: 531874, 539520 Fax No: +91-452-531874
E-mail: henri@satyam.net.in
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FULL INFORMATION – REPORT BY PEOPLE’S WATCH – TAMILNADU
URGENT APPEAL
Sub: Death in police custody of Mr. Nadukaruppasami S/o Mr. Chinnamunisami due to severe torture by the officials of Satyamanglam police station, Erode District. 20 false cases foisted against Chinnakaruppasamy the sole witness to the death of Nadukaruppasamy.
Peoples Watch-Tamilnadu is a human rights organization working for the protection and promotion of human rights in the state of Tamilnadu. We have been taking action on behalf of the victims of Tamilnadu and elsewhere regarding blatant violations of human rights. We wish to bring to your attention the case of death of Nadukaruppsamy S/o Chinnamuniyan in police custody due to torture by the officials of the Periyanayakkanpalayam police station in the name of investigations in to a theft case. We would however, like to make it very clear that we are bringing this case to you only after ascertaining the facts of the case through a detailed fact finding undertaken by us.
FACTS OF THE CASE
Mr. Naddukaruppasamy (40), S/o. Chinnamuniyan was a resident of Thottipalayam village, Sengadu, Vellamadai Post, Coimbatore District. He was a member of the Hindu Vanniyar community.
Nadukaruppasamy and his brother Chinnakaruppasami were arrested and had served term for seven years from December 1995 for theft cases registered at Saravanampatti, Peelamedu, and Thudiyalur Police Stations in Coimbatore district. They were released on 18.05.2002.
As soon as they were out of prison, policemen of Periyanayakkanpalayam took them to Tahsildars Office in Coimbatore and made them to sign a statement, which said that they would not steal thereafter. After coming out of prison, both the brothers started a shop together where they sold used iron.
According to the family members, policemen of Periyanayakkanpalayam, Coimbatore district threatened them often. They would call them to the station saying that a theft had happened and the brothers had to be investigated. Both Nadukaruppasami and Chinnakaruppasami were that their limbs would be broken if they failed to go to the police station whenever they were called.
One day (date not known) policemen of Saravanampatti went to their house and said that both the brothers had to be questioned regarding a theft case. Therefore, Nadukaruppasami, Chinnakaruppasami and their father Chinnamuniyan went to the police station around 8.00 a.m. The brothers were asked if they had stolen. Both of them however, denied having been involved in any such offence. They were kept in the station till 9.00 p.m. and then sent home. Chinnamuniyan waited for his sons till then at the station and took both of them back home.
As policemen were constantly threatening them, Nadukaruppasami and Chinnakaruppasami sent petitions to the Coimbatore District Collector and the Superintendent of Police many times stating that they were under constant threats of the police and that they were afraid that their lives were in danger because of them. They also sent a petition to the Chief Minister on 19.08.2002. In their letter they had stated that their lives were in danger because of the policemen and that they had no other option except committing suicide if they continued to threaten these two.
Details of the Incident
On 4.11.2002 (Wednesday) five policemen of Periyanayakkanpalayam came around 6.00 a.m. and they inquired whether Nadukaruppasamy was there. Chinnamunisami (Nadukaruppasamis father) pointed towards his son and said, “He is Nadukaruppasamy”. Immediately the policemen caught hold of his neck and said, “You have been sending petitions against us to the Collector and S.P. Isnt that so? You are creating trouble for us”. When Nadukaruppasamy asked them why they were taking him, when he hadnt done any crime, they abused him verbally, addressing him as Thayoli. Fearing them, Nadukaruppasamy went with them. Seeing this his son Murali aged 12 years also went behind the policemen who took Nadukaruppasamy.
In the jeep Nadukaruppasami was made to sit in the place between the seats at the back of the jeep in handcuffs. Murali also got inside the jeep and sat on his fathers lap. When the boy asked his father why he was handcuffed, a policeman scolded him, asking him to be quiet.
When the jeep started, the 2 policemen who were sitting on the seats beat Nadukaruppasami hard on his knees, calling him a thieving dog. One of them kicked him on the knees with boot-clad feet. Then suddenly all of the policemen caught hold of his hair and started pounding on his back with their hands. At that time Nadukaruppasami pleaded to the policemen, “Please send away my son”. On hearing this one policeman said in reply, “Did we ask your son to get in. He came out of his own will”. Then, he asked the jeep driver to stop so that the boy could get off. When Murali insisted to his father that he would go with him Nadukaruppasami said, “If you come with me, the policemen will beat you too. So get off the jeep”. So, he got down and went back.
When the officials came seaching for Nadukaruppasami, Chinnakaruppasami had gone visiting his sisters house at Sengalipalayam and returned home at around 7.00 a.m. As soon as he reached home his parents informed him that his elder brother had been taken by the police officials of Periyanayakkanpalayam police station.
While they were discussing this their third brother Chelladurai who lived in Kottai also came home. After informing Chelladurai of what had happened, Chinnakaruppasami asked his brother and his father to go on Chelladurais two wheeler to the police station. He then went and telephoned his sister Lakshmi to tell her the news. When he spoke to her his sister informed him that after he left her house, at around 7.30 a.m., a police jeep came. Three policemen alighted from it and inquired from his sister if Chinnakaruppasamy was there. She replied that he had already left for his village. Then, they pointed to her son who was standing there and asked her who he was. She told them that he was her son. Then the policemen asked him what his name was. He replied that his name was Karuppasamy. On hearing that they slapped him on both his cheeks and made him get into the jeep. When Karuppasami got in to the jeep he saw his uncle Nadukaruppasami sitting inside the jeep. At that point of time Lakshmis husband Mr. Rangasamy asked them why they were taking his son. They replied that it was just a small problem. They also said that they would leave him after inquiry and asked them to come to the station later. On hearing these details Chinnakaruppasami asked her sister to come to the police station along with her husband. After that, Chinnakaruppasami and his mother went to the Periyanayakkanpalayam police station and at around 11:00 his sister and her husband too joined them outside the police station.
Chinnakaruppasami asked his family members to stay outside where the police jeep was parked and went alone into the police station. As soon as Chinnakaruppasami went inside the police officials allowed Karuppasami (his nephew) to leave. Then Karuppasami went and joined his parents who were standing outside.
Inside the police station he asked the police officials why his brother was brought there. Immediately a policeman placed a hand on Chinnakaruppasamis shoulder, saying, “Come, Karuppasamy” and took him to a room facing north. There, the Periyanayakanpalayam Circle Inspector and three other policemen beat him up with lathis and bare hands. According to Chinnakaruppasami two of the policemen were mentioning “Erode and Sathyamangalam” often in their conversation. He shouted and questioned them as to why they were beating him? However, the officials kept beating him again on the back of his head, back and arms. They asked him to stop making noise. They pulled away his dhoti. As a result of these blows his elbow got swollen. A policeman then brought his brother Nadukaruppasamy who was in another room there. He walked in, clad only in his underwear, with a slight limp. His eyes were reddened. He was struggling to open his eyes. Chinnakaruppasami was not allowed to talk to Nadukaruppasami. The policemen shouted at them, Put on your clothes. Nadukaruppasami immediately took Chinnakaruppasamis dhoti, which was lying there and wore it. Then a policeman threw his pant and shirt, which he brought and lifted it on a lathi. Then Nadukaruppasami wore his pant and shirt and gave back the dhoti to his younger brother, which Chinnakaruppasami then wore.
Both of them were then made to board a jeep from the other entrance of the police station in order to avoid the place where the family members of the two brothers were standing. In the jeep, both the brothers were handcuffed together. Apart from the driver, 3 other policemen were inside the jeep. Chinnakaruppasami knew that one of the policeman was from Periyanayakkanpalayam. The other 2 were from Sathyamangalam. Nadukaruppasami was suffering from pain in his eye. When the jeep was going past Tharamadai. Chinnakaruppasami asked the policeman where they were being taken. On hearing this one of the policeman shouted and said , We are taking you to a place. You will be told once you reach there. Shut up”.
That afternoon, both of them were taken to a police station near a hospital, crossing a bridge around 12.30 1.00 p.m. The policeman then informed them that the place was Sathyamangalam police station. He then asked the two brothers if they had ever been there? To this both of them replied that they hadnt been there. Both of them were then taken to the last room. The handcuffs were removed and they were asked to remove their clothes. They were then handcuffed separately and made to remain in their underwear. Both the hands of Nadukaruppasami were handcuffed together and then they were chained to a window rod with a 6 feet long chain. Chinnakaruppasamis feet were bound together in shackles because they felt that his hands could be slipped out the handcuffs.
Both the brothers were given food. However, the two refused to eat it. Chinnakaruppasami told them that they were killing them by offering food. On hearing this a policeman beat him on his back with a lathi. Then the two brothers ate a little fearing the policemen. When the policemen left, locking the room, Chinnakaruppasami asked his brother why his eyes were red. It was then that Nadukaruppasami told him that policemen had rubbed red chillies in his eyes. There were injury marks on Nadukaruppasamis back and both the knees. He said that Periyanayakkanpalayam Circle Inspector and 2 other policemen had beaten him up.
In the Satyamanglam police station both the brothers were kept bound, clad only in their underwear. They refused food that night.
The same night both of them gave their thumb impressions on 3 blank papers separately around 8.30 p.m. Then ink was smeared on all fingers and then the impressions were made on 2 papers. Then the whole palm was smeared in ink and impressions were got on 2 papers, separately from each of us. At that time, a phone call came. They said, The papers are ready. We can finish it off by 9.00 a.m. tomorrow.
The policeman who got their thumb impressions left the station around 9.45 p.m. Before leaving, he called a policeman and instructed him not to let the two sleep. After he left, a policeman came and asked them what they were going to do. Chinnakaruppasami said that they would like to lie down. Then they spread the newspapers lying there, on the cemented floor and slept on them, shivering with cold, because they were clad only in their underwear. The policeman placed a chair between the two brothers and sat there till midnight. After 12.00 p.m., another policeman came in his place. After some time, he went to the next room and slept.
On 04.12.2002, in the morning the police officers informed the two of them that a burglary had happened at the strike force – DSPs house in which an almirah and bag with 17 lakhs worth of things have gone missing. The officers asked the two brothers whether they had stolen them? They threatened the two brothers that if they do not tell the truth the strike force policemen would gun both of them down. Four policemen the started beating Nadukaruppasami all over his body with a lathi stick, and kicked him on the chest with boot-clad feet. The two brothers repeatedly told them that they had not stolen and that they had repented for what they had done earlier. They also told them that they had given a written statement to the Tahsildar that they would not steal. But they did not stop beating. The policemen started beating Nadukaruppasami more severely. Seeing his brother crying and writhing in pain Chinnakaruppasami pleaded with the police officials to stop beating his brother. Then they beat Chinnakaruppasami too with a lathi. Nadukaruppasami was handcuffed at that time. As they continued beating, blood flowed from all over Nadukaruppasamis body to the floor. The policemen asked Chinnakaruppasami to wipe it. He, therefore, wiped the blood on his brothers body and the floor. Blood continued to ooze out from his thighs, hands, legs and back. His whole body had a swollen appearance. Both his wrists were bruised as the chains had cut into them. They also verbally abused them. According to Chinnakaruppasami his brother suffered at least 25 beatings on the head alone. He screamed out entreating them to stop beating. His brother pleaded for water. When Chinnakaruppasami took the pot of water kept nearby to give him a drink a policeman hit him on his hands and ordered Chinnakaruppasami to put down the pot. Two policemen beat him relentlessly. Then they sprinkled chilli powder Nadukaruppasamis eyes, nose and mouth. He rolled on the ground, screaming in pain. They kept beating even as he shouted. Chilli powder was sprinkled on the wounds all over his body. He writhed on the ground in excruciating pain.
Chinnakaruppasami also screamed on seeing his brother shouting out in pain. When he asked them why they were mercilessly beating his brother, they beat him on his head and back and ordered him not to make any sound. After torturing his brother thus, around 2.30 a.m., they tied him with a big rope to a rod in the ceiling. The rope was looped around his neck and brought back to tie both his hands, which were then suspended, to the ceiling. At that point of time Nadukaruppasami cried out, I am dying. Again they beat him.
Chinnakaruppasami cried out seeing my brother hanging thus. On hearing him cry the police officials started beating him up also and put chilli into his eyes and nose.
Chinnakaruppasami writhed in pain. He was once again beaten on his knees and head. The shackles on his feet were removed. His hands were lifted up and bound to a window rod. His brother who was hanging from the ceiling was beaten up again with a lathi. The policemen then stood up on a stool and sprinkled more chilli powder in Nadukaruppasamis eyes, mouth and nose. Nadukaruppasami brother writhed in pain.
Leaving his brother hanging, the policemen left. The policeman who had been sitting with them alone remained. Around 6.00 p.m Nadukaruppasamis legs began shaking. Seeing him in this condition Chinnakaruppasami extricated his hands from the shackles somehow and lifted up his brothers legs. The policeman sitting there beat Chinnakaruppasami with a lathi on his knees due to which he fell down. Then 3 policemen came there and unbound Nadukaruppasami.
Nadukaruppasami signaled to his younger brother asking for water. Chinnakaruppasami brought him some water. Then he fell down and his head started drooping.
Immediately, Chinnakaruppasami was taken to another room. The police officials told him that his brother would be taken to a hospital and that he would be all right.
That night, around 8.00 p.m., Chinnakaruppasami was given a dhoti and shirt. Then he was taken to a lodge in a jeep. They made him sit inside a room while they themselves stood outside the door. The whole night he was kept there. They bought him a tea the next morning (6th, the Friday). Around 9.00 a.m., a policeman informed him that an R.D.O. investigation was to be held. He also told Chinnakaruppasami that he should tell the RDO that the former was in his house. The police official further threatened him that if the RDO asked him whether he was beaten up then Chinnakaruppasami should reply he wasnt. He further added that if the RDO inquired whether Nadukaruppasami was killed, then he should tell the RDO that he did not know. Chinnakaruppasami was threatened that if he dared to reveal anything else, he would meet with the same fate that his brother did and that he would also be killed. Chinnakaruppasami told the official that he would do exactly as he was told.
Chinnakaruppasami was taken to the office in a police jeep. The R.D.O. asked him if he knew that his brother had died. He replied that his brother had asked for water and then fainted and that the policemen had assured him that his brother would be fine once he was taken to the hospital. While the inquiry was going on six policemen were standing outside the office. Chinnakaruppasami told the R.D.O. that his brother had been tortured to death in front of his eyes and he had been threatened that he would also be killed if he told him the truth. The R.D.O. urged him to tell him the truth saying that he would take care of everything else.
Chinnakaruppasami then narrated the torture meted out to his brother and him, to the R.D.O. Two persons sitting with him wrote down all that he said. The RDO informed him that a telegram had been sent to his village and the dead body of his brother would be handed over to the family after autopsy. The RDO asked him if he wanted to take the body to his village. Chinnakaruppasami immediately replied that he did. He told him that he could take it after autopsy. After this Chinnakaruppasami came out. The policemen asked him what he had told the R.D.O. Chinnakaruppasami replied that he had told him only what they had instructed him to tell. After the inquiry he was taken to the lodge again.
That afternoon they asked him if he wanted chicken or Biriyani for lunch. He replied that he did not want anything and lied down. That evening, he was taken to the police station and offered tea around 7.30 p.m. There they showed him a man in civilian clothes and asked him if Chinnakaruppasami knew him. Chinnakaruppasami said that he did not know him. Then they said, He came with your father and you are saying that you do not know him! Chinnakaruppasami said that he had never seen him before. Then they said that he was the Periyanayakkanpalayam Panchayat President and asked him if he wanted to talk to him. The Panchayat President took him outside, to the verandah. He asked him, Arrangements have been made here to cremate your brothers dead body. What do you say? Chinnakaruppasami replied that he did not want the cremation to be done there and said that he would like to take it to his village. He said that signatures had been obtained beforehand and all arrangements had been done already. So, the body could not be taken to their village. Just then, Chinnakaruppasamis father came inside. When Chinnakaruppasami called him, he said that he was busy with something and he would come to him later. While they were talking, a policeman took hold of his fathers hand and led him inside. Then 4 policemen took him inside. There were around 100 policemen. After some time, they took Chinnakaruppasami in a jeep. It was pitch dark outside. The jeep stopped when they had traveled a distance of 5- 6 k.m near a lighted place. There around 10 policemen were present. Logs were stacked and his brothers body was placed on it, swathed in cloth, covering the face too. One corner was already burning. Two policemen were holding Chinnakaruppasamis hands from both sides. A policeman handed him a burning tyre and asked him to light the pyre. The policemen departed from his side and a photograph was taken. Chinnakaruppasamis father was going around the pyre. He was also photographed. Following him, he too, went around the pyre. This too was photographed again.
Then the father and the son were brought to Sathyamangalam police station in separate jeeps. They got Chinnakaruppasamis thumb impression at the bottom of a blank paper. It was around 9.30 p.m. then. The policemen threatened him, if you go out and gather men or report about us to any one, you will have to die like your brother. Then he was sent outside with a warning that he must keep quiet about this.
After the cremation, his father, the President and he himself were taken in a silver coloured car and were dropped at Thottipalayam and then the car went to Periyanakkanpalayam. While leaving, the President instructed Chinnakaruppasami to see the Inspector of Periyanayakkanpalayam the next morning.
Present situation of Nadukaruppasamis family:
On 15th April,2003 Chinnakaruppasamy, Chelladurai alias Chinnathambi both the brothers of deceased Nadukaruppasamy, Arumugam alias Aruchamy, Ashok kumar, Raju s/o Ayyasamy, Karuppasamy s/o Rengasamy and Murali (12 years old) son of the deceased were taken into custody by policemen of Periyanayakkanpalayam police station. This was brought to the notice of DIG of police, Coimbatore Range through a telegram by People’s Watch. On 19th April, except the juvenile Murali, all the others were remanded into judicial custody on theft charges in Crime Number 91/03 of Thudiyalur police station, Crime Number 39/03 of Thondamuthur police station and around 20 cases from different police stations. At the time of remand, the police threatened that the Human Rights Commission to which the victims gave a complaint cannot do anything against the police.
Again on 11th May, 03 around midnight, the police personnel belongs to Periyanayakkanpalayam ransacked the house of deceased Nadukaruppasamy and threatened the residents with dire consequences. On the same day police took into their custody one Rengasamy, who is the brother-in-law of deceased Nadukaruppasamy, kept in illegal custody for five days and on 16th May, 03 remanded into judicial custody in Crime Number 177/03 of Saravanampatty police station, on the charge of pickpocketing Rs.100/-.
Again on 16th May, 03 when the remanded persons brought to the Court for remand extension, police personnel belongs to Periyanayakkanpalayam spoke to them and persuaded them to withdraw the complaints given to Human Rights Commission and other authorities on the promise that if they withdraw, the police will take them out on bail and managed to get acquittal in all the cases pending against them and also arranged for government loans.
On 20.05.2003 Peoples Watch Tamilnadu staff Advocate John Vincent, Ms. Thilagam Advocate Nikkolaus along with Chinnamuniyan (father of the deceased) and Lakshmi (sister of the deceased) went and personally met the District Collector of Coimbatore District and also the SP of Coimbatore Mr. Dinakaran. While the District Collector gave the assurance that he would speak to the police officials in this regard, the SP was very defensive about the police action. He in fact made it very clear that the police had not done anything wrong. They had filed the case only after scientifically establishing the crime. He totally refuted the allegations that the police officials had given any kind of pressure to the members of the family to withdraw their complaint against the police officials in the State Human Rights Commission.
Now it is learnt that the police are trying to arrest and foist cases against Chinnamunian and Muniammal both the aged parents of deceased Nadukaruppasamy. Hence they went to theirs relatives house along with their daughter Chithra to avoid the humiliation at the hands of the police.
In view of the above mentioned facts I wish to state the following:
This is a clear case of custodial death due to torture by the police officials of both Periyanayakkanpalayam and also the Satyamanglam police station.
The torture that was perpetrated was gruesome, brutal and also inhuman.
On 04.12.02, policemen of Periyanayakkanpalayam Police Station, went in mufti in order to arrest Nadukaruppasamy and Chinnakaruppasamy. While arresting the two brothers they were not told the reason for which they were being taken in to custody.
It is a known fact that both Mr. Nadukaruppasamy and Mr. Chinnakaruppasamy were arrested for various theft cases and were imprisoned for 7 years. They were released on 18.05.2002. After they were released the brothers had taken the firm decision that they would never steal and they would earn a livelihood by hard work thenceforth.
However, the policemen of Periyanayakkanpalayam suspected them for every theft that happened and took them to the police station for inquiry. During these inquiries they were threatened by the policemen. Mr. Nadukaruppasamy and Mr. Chinnakaruppasamy, who were mentally disturbed by this, submitted petitions against policemen of Periyanayakkanpalayam to the S.P. and the District Collector.
And on 19.08.2002, they sent a petition to the Chief Minister too. In this they wrote that they were contemplating suicide because of the continued atrocities of the policemen against them.
The policemen of Periyanayakkan palayam who were enraged by these continuous petitions against them, decided to file some case or the other on the Mr. Nadukaruppasamy and Mr. Chinnakaruppasamy and have them arrested. First, they arrested Mr. Nadukaruppasamy. Then they arrested Mr.Chinnakaruppasamy who came to the police station.
Periyanayakkanpalayam policemen who arrested both of them handed them over to policemen of Sathyamangalam to have them beaten and tortured severely, to take revenge against them.
Following the death of Mr. Nadukaruppasamy his younger brother was taken to a lodge where the police official threatened him with dire consequences if he dared to reveal anything to the RDO during the investigation.
Policemen cremated the body in a crematorium near Sathyamangalam, not even allowing the body to be taken to Mr. Nadukaruppasamys native village. Policemen also took thumb impressions of Mr. Chinnakaruppasamy in a blank paper.
Policemen cremated Mr. Nadukaruppasamys body because the corpse could have become evidence for the violence perpetrated on him by the policemen.
Following the death of Nadukaruppasami the police officials have foisted false cases of theft against Chinnakaruppasamy in the various police stations of Coimbatore district.
When this matter was represented by the staff of People’s Watch Tamilnadu to the Superintendent of Police Mr. Dhinakaran, he categorically upheld the police action and stated that the police action was completely justified and that it was only after conducting scientific investigations cases had been filed against the accused.
While perpetrating torture the police officials have violated the following rules and laws:
It is stated in section 5 of the Universal Declaration of Human Rights that no one should be tortured or treated in a brutal, inhuman manner and should not be subjected to demeaning, inhuman punishment.
The Indian Police Act 1881s 29th Section has banned torture.
According to sections 326, 330 and 331 of the Criminal Procedure Code, torturing people in police custody is a punishable offence.
Keeping a person bound in iron chains is illegal. Since the policemen of Sathyamangalam have violated all the above mentioned rules and especially the judgment made in the D.K. Basu Vs Government of West Bengal, the Government should register case under Contempt of Court Act.
We, therefore, request the Honble Commission to direct the State Government to:
Register case against the policemen of Periyanayakkanpalayam and Sathyamangalam police station who have indulged in such activities.
Conduct the investigation of this case through an independent investigating agency.
Register case against the erring police officials of Sathyamangalam and Periyanayakkanpalayam police station who are involved in the incident, under Section 302 of the Indian Penal Code and proper action should be taken.
Order a compensation of Rs.3,00,000/- to the family of Mr. Nadukaruppasamy who died in police custody. This amount should be obtained from the police officers of the police station, which was responsible for Mr. Nadukaruppasamys death.
Initiate disciplinary action against the S.P. of Erode who failed to do his duty purposely.
Provide the family of the deceased with protection against the threats from the police officials.
Yours sincerely
(HENRI TIPHAGNE)
We request all those who support our cause to kindly send the letters of solidarity to the following address:
Shri. A.P.J. Abdul kalam, President of India, Rashtrapathi Bhavan, New Delhi 110001 India, Fax: + 91 11 23017290, E-mail: Pressecy@sansad.nic.in
Shri. Atal Behari Vajpayee, Prime Minister of India, South Block, Raisina Hill, New Delhi 110001, India, Fax: + 91 11 23018939, + 91 11 23011156, Fax. + 91 11 23019545 E-mail: vajpayee@sansad.nic.in
Justice A.S.Anand, Honble Chairperson, National Human Rights Commission, Sardar Patel Bhavan, Sansad Marg, New Delhi 110001 India, Fax: 011-23340016 / 23366537, E-mail : nhrc@ren.nic.in
Dr. J. Jayalalitha, Honble Chief Minister of Tamilnadu, Fort St. George, Chennai Tamilnadu, India, Phone No: 25670132 Fax no:- 044- 25671441, E-Mail : cmcell@sec.tn.gov
Mr. Sayed Munir Hoda, IAS, Home Secretary, State Government of Tamilnadu, Fort St. George, Chennai, Tamilnadu, Fax: 044 256 70 596
Please also write to the Indian embassy in your respective country.
Sample letter:
Dear Sir/Madam
We would like to express our deep concern, and protest, regarding the following case:
Mr. Naddukaruppasamy (40), S/o. Chinnamuniyan was a resident of Thottipalayam village, Sengadu, Vellamadai Post, Coimbatore District. He and his brother Chinnakaruppasamy had served a sentence in a theft case. However, after coming out of the jail they had decided that they would earn their livelihood in a sincere and honest manner. However, the officials of the Periyanayakkanpalayam police station kept troubling them by asking them to come to the police station for inquiry purposes whenever there was a theft in the area.
Frustrated by the police actions the two brothers sent petitions to the higher officials. On 4.11.2002 (Wednesday) five policemen of Periyanayakkanpalayam came around 6.00 a.m. and picked up Nadukaruppasamy from his home stating that they wanted to inquire him regarding the complaints that he had sent to the higher officials. On hearing this the younger brother Chinnakaruppasami also went to the police station to inquire in to the matter. In the police station both the brothers were beaten up severely. Later on they were taken to the Satyamangalam police station where both the brother were once again tortured. They were asked to confess that they had committed a robbery in the house of the strike force DSPs house in which an almirah and bag with 17 lakhs worth of things had gone missing. As a torture method chilly powder was rubbed into his eyes and nose, Four policemen the started beating Nadukaruppasami all over his body with a lathi stick, and kicked him on the chest with boot-clad feet. The policemen did not stop beating Nadukaruppasamy even when they saw that he was bleeding profusely.
The brutal torture resulted in the death of Nadukaruppasamy in custody. Later on when the RDO conducted an inquiry the police officials threatened the younger brother Chinnakaruppasamy with dire consequences if he ever revealed anything.
Today the police officials have foisted 20 false cases against Chinnakaruppasamy and his younger brother Chelladurai in various police stations of Coimbatore district making it absolutely impossible for him to get any kind of justice. They even registered a case of pick-pocketing against Chinnakaruppasamys brotherinlaw. The entire family has been living in fear. In facts as per the information police officials are now trying to foist false cases against the aged parents of Chinnakaruppasamy. Despite representations from human rights organization the higher officials too have completely turned a blind eye to rendering a fair investigation in to the entire case. As Human Rights Defenders/activists/individuals we therefore demand that:
Register case against the policemen of Periyanayakkanpalayam and Sathyamangalam police station who have indulged in such activities.
Conduct the investigation of this case through an independent investigating agency.
Register case against the erring police officials of Sathyamangalam and Periyanayakkanpalayam police station who are involved in the incident, under Section 302 of the Indian Penal Code and proper action should be taken.
Order a compensation of Rs.3,00,000/- to the family of Mr. Nadukaruppasamy who died in police custody. This amount should be obtained from the police officers of the police station, which was responsible for Mr. Nadukaruppasamys death.
Initiate disciplinary action against the S.P. of Erode who failed to do his duty purposely.
Provide the family of the deceased with protection against the threats of the police officials.
Care should be taken to give full protection to Chinnakaruppasamy who is the sole witness to the torture that was meted out to his elder brother.
and thereby render justice to the affected family.
Thank you.
Yours faithfully
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Thank you.
Urgent Appeals Desk
Asian Human Rights Commission
