The Kerala High Court, in V.K. Thajudheen and Ors. v. State of Kerala and Ors [2025:KER:88675], directed the State government to pay Rs. 14 Lakhs compensation to a NRI man, Thajudheen, and his family after he was imprisoned for a period of 54 days in judicial custody based on false charge of chain snatching, causing much ignominy to them.
Police Put the Person to Custody due to Similarity
While the petitioners were travelling home from their relative’s house during the night, a police party intercepted them. The police officers dragged Thajudheen from the car even though it was intimated that he was suffering from back pain.
Subsequently, he approached the Chief Minister seeking his intervention in the matter. Thereupon, a deputy superintendent of police was appointed to investigate. In the DySP’s report, the lapses made by the respondent police officers were noted. Consequently, Thajudheen was exonerated and another man was implicated in the crime.
Two-fold Objective in Granting Compensation
The High Court noted that the object of granting such compensation is twofold: first, to recompense the individual for the harm suffered, and second, to ensure public accountability by reaffirming the rule of law, which mandates that the State and its instrumentalities act within the bounds of legality.
By this gesture, the court affirms that the State cannot act in derogation of the rights guaranteed by the Constitution and that any abuse of power resulting in the violation of fundamental rights must attract public accountability.
This remedy may deter similar violations by State authorities in the future.
Petitioner Can Seek Civil Remedies too
The Court made it clear that the petitioners would be at liberty to pursue other civil law remedies against the police officers for the damages sustained.
State Government Can Recover the Amount From Police
It further clarified that the State, if it chooses to, can recover the compensation amount from the respondent police officers responsible after adopting due procedure.
