The Tamil Nadu police violated the human rights of student Lois Sofia by arresting her in 2018, the State Human Rights Commission (SHRC) has held. Sofia was arrested in 2018 for raising anti-BJP slogans in a flight in which then BJP state president Tamilisai Soundararajan was also travelling. The SHRC has now recommended initiating disciplinary action against the seven policemen involved in her arrest, and a payment of Rs 2 lakh to be paid to Lois Sofia as compensation. The order was passed on Wednesday, March 2, by SHRC member D Jayachandran.
Sofia was a student from University of Montreal in Canada, who was travelling in the same flight as Tamilisai Soundarrajan in September 2018. She was taken into custody after a complaint was filed by Tamilisai for shouting slogans against the BJP on the flight. Sofia was then booked under Indian Penal Code Sections 290 (punishment for public nuisance), 505 (statements conducing to public mischief) as well as Section 75(1) of the Tamil Nadu City Police Act, 1888.
The SHRC has held that Sofia’s arrest was “not at all essential” and that “it is for the criminal court to decide whether the victim has committed any such offence as alleged by the first respondent (Pudukottai Inspector of Police R Thirumalai, who arrested Sofia)’.
The Commission also said that Sofia was subjected to torture and harassment by seven police personnel, ranging from the Sub-Inspector to the Assistant Superintendent in Tuticorin. The charge against Sofia, who was travelling on an IndiGo flight to Thoothukudi was that she shouted a slogan against the Union government while then BJP state chief and the now Telangana Governor Tamilisai Soundarajan was disembarking from the flight at the Thoothukudi airport there in September, 2018.
The SHRC passed its orders on a complaint filed by her father, AA Samy, a retired doctor in Kovilpatti government hospital. In the complaint, Samy had said that Sofia was detained at the local police station for the whole day and was allegedly subjected to harassment. Thereafter, she was asked to sign some papers and was charged for offences punished under sections 290 of the IPC (public nuisance) among others. She was taken to the residence of the Judicial Magistrate-III, who remanded her to judicial custody around 7.30 pm. As she developed pain in her abdomen, she was rushed to the government hospital.
The complaint said sought action against the police officials who arrested Sofia and said that ‘the action on the part of the seven respondents (from police department) amounts to mental harassment and torture’ and that ‘a false case has been registered against her by altering the FIR’. The complaint added that ‘the Magistrate remanded Sofia to judicial custody contrary to the directives of the Supreme Court.
Ruling in favour of Sofia’s father, Commission held that though the offences under Section 290 of the IPC and 75 of Tamil Nadu City Police (TNCP) Act were bailable in nature, the Inspector attached to Pudukottai police station should not have arrested Sofia in a mechanical manner.
The commission also observed that the FIR was fabricated ‘by inserting the Section 505(1)(b) of IPC (offence against the State or against the public tranquility) in ink by hand after the preparation and took out the original FIR.’ Further, the commission also observed that she was ‘caused mental torture’ and was ‘remanded to judicial custody without following the procedures laid down by the Apex Court on this aspect.’ This affects her liberty and freedom, held the commission.
“Therefore, this Commission holds that all the respondents (the police) had violated the human rights of Lois Sofia,” the Commission said, adding that she was ‘entitled to receive compensation for the violation of human rights.’
The commission also directed that the government of Tamil Nadu shall pay a compensation of two lakhs to Sofia within a month of the order and recommended initiating disciplinary action against the seven policemen. Further, the government shall recover the compensation from the police as Rs 50,000 from the inspector and Rs 25,000 each from other policemen.
(With inputs from PTI)