Kalpetta: Upholding a 2021 verdict of the Sulthan Bathery Sub Court, the Wayanad District Court has directed the state government to pay an amount of ₹12,50,000  to a retired lecturer of the District Institute of Education and Training (DIET), Sulthan Bathery. The compensation has been ordered for his illegal arrest, brutal torture that damaged his organs, and prolonged humiliation by the state police, who had alleged that he conspired against the state by indoctrinating landless tribals participating in the Muthanga agitation led by tribal activist CK Janu, which began on January 3, 2003.

The state government and other respondents had approached the District Sessions Court against the Sub Court verdict, which had earlier directed the state to pay ₹ 5,00,000 (five lakh) as compensation. The District Court enhanced the amount and also directed the state to pay interest at 6% to the victim of custodial torture from the date of filing the suit.

Though the local police had filed a charge sheet against Surendran alleging links to extremist outfits, the Central Bureau of Investigation (CBI), which later took over the case, exonerated him of all charges. This led to a prolonged legal battle for compensation and justice.

A renowned teacher specialising in tribal education, Surendran used to visit the Muthanga agitation site with the noble mission of teaching children of tribal families who had been forced to abandon their schooling after moving into the forest area.

However, after February 19, 2003, when the agitation had a violent end—resulting in a police shootout and the deaths of a policeman and a tribal activist, Jogi,  Surendran’s life became a prolonged ordeal.

He was arrested by police from the staff room of DIET on February 22 by the then Sulthan Bathery Sub-Inspector P Viswambaran. He was dragged across the floor in front of colleagues and students, thrown into a police jeep without being informed of the reason for his arrest, and subsequently subjected to sustained physical torture from 10.30 a.m. to 9.30 p.m. at the Sulthan Bathery Police Station, according to the affidavit submitted in court.

Police personnel struck both his ears, causing him to faint. He was stamped on with booted feet inside the police jeep, repeatedly punched in the abdomen, denied food and water, and suffered bleeding from both ears. He was not produced before a Magistrate within 24 hours, as mandated by Section 57 of the CrPC, and his arrest was not properly communicated to his family. He was later implicated in three criminal cases related to the agitation.

“Erring officials should not go scot-free”
Referring to a series of custodial torture cases, including the persecution of scientist Nambi Narayanan, Additional District Judge Jayawanth L cited the Supreme Court verdict in that case, stating:

"The state, after paying compensation to the victim, may and should recover the amount from the erring officers in appropriate proceedings."

The court further observed that police officers who commit such acts should not go scot-free and that the cost must be borne by those responsible.

The state has also been directed to recover the amount from the personal assets of P Viswambaran and V Devaraj, who were then Sub-Inspector and Circle Inspector of Sulthan Bathery Police Station—jointly and severally, within three months of paying the compensation.

A living martyr of custodial torture
Now a living martyr of custodial torture, Surendran continues to suffer from prolonged ailments caused by the abuse. One of his eardrums and his spinal cord were damaged, and he continues to undergo treatment even after decades.

Speaking to Onmanorama, Surendran said he is extremely happy that the verdict has reaffirmed his faith in the judiciary.

"I have been pursuing this case since the CBI exonerated me. The mental trauma suffered by my family, the public humiliation, and the irreversible physical damage erased many productive years from my life," he said.

He also questioned why the Pinarayi government, which is expected to support victims of state excesses, chose to appeal against him even after the Sub-Court verdict. He expressed hope that future governments—whether UDF or LDF—would take a just stand and ensure accountability for such acts.

Recalling the traumatic period, Surendran said it was the intervention of V S Achuthanandan that helped save his life in the aftermath of the Muthanga incident.

"My arrest followed a preplanned script, and I was branded a left extremist. I still remember the reassuring words of VS when he visited me at Kannur Central Prison three days after my arrest. I was unable to walk, and my internal organs were severely damaged. It was he who ensured I received medical care and emotional support, and stood by me throughout my fight for justice," he said.