Tamil Nadu State Commission for Women, Chennai
Camp at Madurai
Present: Dr. K. M. Ramathal
Chairperson
Tamil Nadu State Commission for Women
Dr. Qudsia Gandhi, I. A. S
Member,
Tamil Nadu State Commission for Women
Report and Recommendations of the Enquiry conducted at Madurai on 19th &
20th September, 2008 regarding American College, Madurai
A memorandum was received by the Chair person of the Tamil Nadu State Commission for Women from a few Women Faculty Members of American College, Madurai on 02.9.2008 alleging mainly that the police under the leadership of the Commissioner of Police, Madurai and the Bishop of CSI, Madurai entered into the College premises, misbehaved with the students, broke open the door of the Principal’s room and illegally took possession of the Principal’s room. It was also alleged in the above Memorandum that rowdy elements who have nothing to do with the College accompanied the Bishop and the Commissioner of Police on that occasion and were continuing to stay in the college campus.
The delegation also handed over a CD which contained the photographs of what had taken place on that day, Press clippings that carried the events of 29.8.2008 at the American college were also enclosed with the Memorandum as enclosure. There was also an allegation that the Bishop of CSI, his daughter and son-in-law and his two sons are the main cause for all these problems as the Bishop is bent upon making his son-in-law Mr. Dhavamani Christopher who is presently allege to be the Bursar of the College – Principal. The Memorandum continue to state that the two sons of the Bishop, namely M/s. Jeba and Joel, who have nothing to do with the American college are permanently camping inside the campus with lumpan elements brought their in the garb group men.
After going through the memorandum presented, the Commission decided to hold an enquiry on 19th & 20th September, 2008 at Madurai in the District Collectorate and summons were therefore served to all the concerned through the police at Madurai which included the Bishop, his daughter, son-in-law, two sons and several others connected with the College Administration.
The commission recorded the statements from 26 persons and while the Commission was in the process of its enquiry a submission was initially also orally made by the Bishop of the CSI Madurai that he was for peaceful settlement of the matter now being agitated in and outside courts. Since the intervention of the Commission towards the same was sought, the Commission also initially did also try to see the possibilities towards such a settlement by speaking to Dr. Chinnaraj Joseph and others. However it was later that the Bishop did also categorically state that they were not at all interested in such a process of settlement and hence the Commission had to abandon all the steps that it had taken in that regard. We wish already at this stage to state that we were totally disappointed with these contradictory stands of the Bishop towards settlement of this issue.
The Commission therefore has restricted itself in the hearing and also considered it necessary only to find out the happenings that took place on 29th August 2008. Therefore all other things that were narrated by persons who deposed before the Commission and which are also matters of consideration before the Courts of law are treated as irrelevant for our present consideration.
The issues before our consideration therefore are the following alone.
1. Who was in control of the day to day administration of the American College until 29th August 2008?
2. Is it a fact that the police were responsible for providing the occasion for the Bishop and his ‘men’ to enter into the college premises on 29th August 2008?
3. Are the allegations of police brutality on the women teachers and students and others as alleged by the petitioner to the Commission in their memorandum proved to be true after the enquiry?
Any recommendations that this commission may wish to make in this regard.
The commission wishes to handle each of these issues one by one.
Issue No 1: Who was in control of the day to day administration of the American College until the afternoon of 29th August 2008?
It emerged from the depositions of the witnesses – and this seems to be also an undisputed fact – tat there was an Injunction from the Madurai Bench of the Honorable High court of Madras granting an Ad Interim Injunction on 27th August 2008 of the order of Director of Collegiate Education dated 14.8.2008 and also directing the Principal Dr. Chinnaraj Joseph Jeyakumar from functioning as Principal and interfering in the day to day functioning of the college. It also emerged from the various versions presented before us during the enquiry that there are several allegations regarding the constitution of the Governing Council and the Management of the College before several Fora.
It is also clearly proved to us through the oral statements and the documents produced to Commission that after the above mentioned ad interim injunction of the Madurai Bench of the Madras High Court dated 27th August, Dr. Chinnaraj Joseph who had since then being functioning continuously as the Principal of the College in deference to the order of High Court, handed over charge of the day to day affairs of the college to the Vice Principal, Dr. Anbudurai. Dr. Anbudurai had in turn also appeared before the Commissioner of Police and apprehending that the Bishop may illegally force himself into the college presented a memorandum to the Commissioner of Police asking for police protection to the college. All these facts are also borne out by records that were duly submitted to the Commission by the parties and agreed to by the Commissioner of Police who also appeared before the Commission.
It has also been deposed before us and we have also verified the same, that on the morning of the 29th August, the Assistant Commissioner of Police of Tallakulam had summoned the college authorities to his office at Tallakulam police station for some peace talks and this had also been favorable responded to by Dr. Anbudurai in his capacity as the Acting Principal. This was in the morning of the 29th August.
Therefore, from the abovementioned facts that have been borne out to the Commission by witnesses who appeared as well as the documents that we have had the priveilege of perusing, we have no hesitation in unhesitatingly concludint that as until the afternoon of the 29th August, it was Dr. Anbudurai who was in control of all matters relating to the college and that prior to him (until the 28th – till the order of Madras High Court) it was Dr. Chinnaraj Joseph who was in control of the day to day affairs of the college.
Issue No 2: Is it a fact that the police were responsible for providing the ‘occasion’ for the Bishop and his ‘men’ to enter into the college premises on 29th August 2008?
Taking advantage of the Ad Interim Injunction order of the High Court dated 27th August referred above; the Bishop entered the American College premises with the help of the police and his supporters, mostly pastors, wearing their Cassocks. There is sufficient evidence to show that the Bishops and his team were carefully escorted by the police on duty at the college premises. From the photographs produced to us during the enquiry and the evidence tendered before us, it was further evident that the lock of the door of the Principal’s room was broken open in the presence of the Bishop and the police. It was further evident to the Commission that two responsible persons were pleading an illegal act with the help of persons (claimed by one side to be rowdy elements) and in the presence of faculty members and students. It was therefore categorically clear to the commission after hearing both parties as well as who were then under the direct control of the Deputy Commissioner of Police, Mr. Prabakaran who were responsible for allowing the Bishop and his men to not only enter the campus with police protection but also stand as mute witnesses to their breaking open the lock of the Principal’s room. It was also justified by the police that they were only implementing the order of the Madurai Bench of the Madras High Court referred above.
The commissioner of Police in his statement had admitted that the received intelligence report that nearly 40 cars and 50,000 people are organized in a church and planned to enter the college forcefully. It is his admission in his statement that he called the Bishop and warned him severely. From the above statements it is clear that he had definite information about who were getting ready to create law and order problems and it is therefore also clear that he had not cared to take any stringent action against them. It is also admitted by the Commissioner of Police that the lock of the Principal’s Chamber was broke opened by the Bishop’s people and his force was giving protection to the students, faculty and particularly girl students. The Commissioner of Police has mentioned about the deployment of women police inside at the college at the time of this action especially when he had the knowledge about 5,000 people gathering inside the church and also in front of the college afterwards.
Though it was pointed out by the Police to us that cases were registered against the two groups, the Tallakulam police had not acted any further to defuse the situation or to bring confidence to the students and the faculty members by giving them support and protection. It is clear from the action of the police of providing protection to the Bishop that they have thrown off the norms that have to be followed in situations like this to the winch. Even in an ordinary civil matter if a Court decree is passed, there is a procedure to execute same and it is a wonder that the police personnel in Madurai are ignorant about it.
Issue No 3: Are the allegations of police brutality on the women teachers and students and others as alleged by the petitioner to the Commission in their memorandum proved to be true after the enquiry?
After coming to a clear conclusion of issue No 2; it is but a corollary that allegations of police abuse and brutality on the women teachers and students are also proved through the depositions that were made to us by a large number of teaching faculty as well as students. Among those who appeared before us were also some students and staff who had suffered injuries and who had sufficient medical evidence to prove the same. We were also informed that there were many other women students who were hesitant to come forward due to the climate of threat and lack of security that they perceived may be detrimental to their own interests.
We heard continuous evidence being tendered before us to the effect that after the ‘takeover’ of the campus by the Bishop and his men, there was the continuous presence of ‘rowdy’ elements inside the campus until the day prior to our visit to the Madurai for the enquiry. We would also like to view this with seriousness and have also discussed this with the Commissioner of Police and received his assurance that all such elements would henceforth not be allowed to enter the college campus.
We would also hasten to add that while the police were ‘allowing’ the Bishop and his men to enter the campus that they were hitherto unable to do, classes were going on inside the campus and it was seeing this mob enter that a large number of students started offering support to their teachers by opposing the police who by then were also ready for a show down with the students inside the college campus.
The commission did make use of the opportunity when it met the students in a large number during the enquiry to appeal to them to continue with their classes in a peaceful manner and not engage themselves in matters pertaining to the control of the management of the college.
The Commission makes the following recommendations:
Having come to clear conclusions on the issues before us, we would like to make the following recommendation:
• We would appreciate the Government of Tamilnadu requests the District Collector of Madurai to ensure that all the students and teaching faculty members who were injured in the lathi charge inside the American College campus on the afternoon of the 29th August are provided quality medical care and that they are further provided compensation after their making claims for the same formally to the District Collector.
• Since the Commission has categorically come to the conclusion that the Assistant Commissioner of Police, Tallakulam is openly supporting the Bishop and his men and he has also been responsible for the illegal entry of the Bishop and his men to the college on the 29th afternoon, we strongly recommend to the Government of Tamilnadu that he may be immediately transferred outside Madurai City jurisdiction without any further delay.
• The Government of Tamilnadu is recommended in the interest of justice to ensure that there is a detailed enquiry ordered into the responsibility of the Commissioner of Police, Madurai City as to what precautions he had taken to ensure that there was no breakdown of law and order as he had been previously informed through his intelligence services. The said enquiry may also dwell upon why no adequate proper strength of women police force was deployed when there are so many women faculty members and girl students in the American College. He may also be asked to explain the reason for the continuous presence of the outsiders in the American college campus – including the sons of the Bishop, namely, Joel and Jeba – all while a large possee of police men and women were posted inside the campus from the 29th August till the previous day to our arrival
• We sould strongly further recommend that the Government of Tamilnadu requests the District Collector of Madurai to ensure that all the women students and teaching faculty members who deposed before the Commission and who had made allegations of vulgar and sexual verbal abuse by the police in their depositions to us may be adequately compensated with a payment of Rs. 5000/- to each of them by the Government after a proper statement is recorded from each of them.
• The Commission further recommends that the Government of Tamilnadu order a proper enquiry into the illegal entry of the Bishops and his men into the American College premises, the breaking open of the locks on the door of the Principal’s office in the presence of the Bishop, his men and the onlooking policemen headed by a senior officer of not less that the rank of Inspector General of Police of the Crime Branch CID. The enquiry shall specifically look into the breach of official responsibility of the Assistant Commissioner of Police Tallakulam, Mr. Prabakaran (DC, Madurai City) and Mr. Nandabalan, the Commissioner of Police, Madurai City.
• The District Collector Madurai, the Commissioner of Police, Madurai City, and the Joint Director of College Education shall ensure that all pending complaints that have so far been brought to their notice by the students, teachers and representatives or the Management of American College are dealt with justly as per the provisions of law as well as disposed off speedily. This will also apply to all future complaints that may arise.
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