Kerala High Court Admits Youth Congress Worker's Plea Seeking Compensation For Injuries Allegedly Sustained From Police Lathi Charge

Justice T R Ravi admitted the plea and directed the Government Pleader to file a statement.

The plea stated that the petitioner, a woman, was hit by a lathi resulting in serious injuries to her head and neck. It stated that due to the injuries, her neck bones were dislocated and that she is bedridden now. The plea stated that her recovery time would be long including surgical interventions, physical therapy sessions and continuous medical monitoring. It further stated that the petitioner had to close down her beauty parlour, her primary income source. Her plea stated that she was facing financial consequences due to the injuries from the brutal police attack.

The plea stated that police should not have used excessive force and lathi attack to disburse a peaceful and unprovoked mob. “Using unnecessary and excessive force by the police amounts to direct infringement of the fundamental rights of the individual. Particularly the rights which are conferred by the Article 19 (1) and Article 21 of the Constitution of India”, stated the plea.

In her plea, the petitioner stated that lathi hits should be avoided on the head and collar bones as per the Kerala Police Manual. She submitted in her plea that unnecessary and excessive police force was used to cause her deadly injuries.

The plea stated that the petitioner is eligible for compensation under public laws for violation of her fundamental rights and for sustaining injuries due to police brutality.

The plea seeks compensation of Rs 50 lakhs. It also seeks guidelines to be followed by the police for disbursing mobs by lathi charge to prevent such mishaps.

The matter has been posted to May 22, 2024.

The plea is moved by Advocates Ajmal A Karunagappally, Dhanush C A

Case title: Megharaj P S @ Megha Renjith V State of Kerala

Case number: WPC 11210/2024