Thursday, January 24, 2013

Towed away car takes IG to court

KOCHI: The high court of Kerala on Wednesday ordered inspector-general of police (Kochi range) K Padmakumar to explain steps taken to implement the state human rights commission's order to pay damages to a man, whose car was towed away to help a movie production unit.

Justice P R Ramachandran Menon issued the order while considering a petition filed by Auria Kiem of Santa Cruz School Road in Fort Kochi.

The car, parked by the road in front of Kiem's residence was towed away on November 2 last year, since it was allegedly obstructing the shooting of Mammootty-starrer Kamath. The vehicle remained in police custody for a month.

Justice J B Koshy of the rights commission found that police had not followed the procedures while towing away the car since the owner was not given a notice. The commission also found that the police had violated norms by not producing the vehicle before a magistrate within 24 hours. Besides directing the IG to avoid repeating such incidents, the commission had also ordered the officer to act against those policemen responsible for the incident. The IG was also told to recover damages from the officers concerned.

In the petition filed at the high court through advocate Tom Jose, Kiem had contended that the IG's refusal to comply with the commission's order amounted to dereliction of duty and that he was indirectly protecting his subordinates and aiding the film company.

The resident also pointed out that a representation was made to the IG seeking payment of damages, in addition to the commission's order, but no action has been taken.

Kiem claimed a total compensation of Rs 9 lakh, with damages to the car amounting to Rs 21,900, taxi fare for one month estimated at Rs 93,720, legal expenses of Rs 25,000, and Rs2.5 lakh for causing mental agony, loss, and other hardships faced.

The petitioner had also requested for a stay on the release of the movie until he received the compensation.

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