Mandamus Writ before the Kerala HC seeking disciplinary action for custodial violence
Mufazil-petitioner Vs. State of Kerala & Ors.
The Petitioner submits that he has been a victim of custodial violence. He was taken into custody on fabricated grounds. It is submitted that he is still suffering from the after effect of the violence has was subjected to. Though an enquiry was initiated, no action has been taken on the errand officials. It is under these circumstances that the Petitioner is approaching the Honorable High Court.
Mufazil aged 20 years, S/o. Muhammed, and an Indian resident filed the writ petition against the State of Kerala and its officials for the inaction of the authorities in taking action against the errant officials who had submitted him to custodial violence.
He has complained that on 9th February, 2012, while he was trying to help a distressed woman from a drunk man, the traffic police called the closest police station who arrested him and took him to the station. There, as he questioned the police for arresting him, the police officers subjected him to third degree torture, beating his palm and feet with rod. Moreover, his uncle who came to meet him was prevented from doing so. The petitioner was tortured and only released out after a bail was submitted on the next day, though the police filed a petty case against him to justify their action. He was admitted to the General Hospital immediately after release for almost 5 days due to his severe condition. The petitioner registered a complaint after his release from the hospital against the officials. The petitioner explains that his friends who supported him are continuously being harassed by the Respondents, along with the police officers who gave statement against their colleagues who are facing foist cases. An inquiry was initiated by the officials, the Deputy General of Police, Thrissur, submitted a report to the Inspector General of Police, and the D.Y.S.P. found the case to be relevant and standing. Despite revealing this illegal action, no action was taken against them and it is under this circumstance that the petitioner invoked an extraordinary jurisdiction and requests the Honorable High Court of Kerala, to be taken action against them under Article 226, under the following grounds-
Illegal detention and third degree custodial violence for questioning the respondents.
It is submitted that the violence inflicted was illegal and claims the State to be liable for its officials action (custodians of law and order). The officials are guilty of unreasonable arbitrary exercise of power beyond the confines of duty.
It is submitted that every individual is constitutionally protected from arbitrary actions of the state and thus without due process of law, Right of life cannot be taken away. The experience of the Petitioner is a absolute wanton exercise of arbitrary power and the blatant disposal of due Process of Law, which is an integral part of Right to Life.
Thus the petitioner pleads the issue of a writ in the nature of mandamus directing or any other appropriate writ or order directing the first and the second Respondents to conduct an enquiry and take disciplinary action against the errant officials (1st respondent –State of Kerala, represented by the Principal Secretary, 2nd Respondent Director General of Police) and also to compensate the petitioner for the injury caused to him along with awarding him with the cost of the proceedings.
The writ petition was filed on 21st July, 2102. An interim relief was prayed for on 25th July, 2016. The last hearing of the case was on 20th December, 2016.
Case Status: Pending before the courts.