JUDGMENT

ALTAMAS KABIR, J.- The petitioner herein has challenged the order of the Bombay High Court dismissing Criminal Writ Petition No. 1839 of 2005, in which he had challenged the order dated 19-10-2004, passed by the e Maharashtra State Human Rights Commission in Case No. 1912/2002/3258. The complainant in the said case was one Smt Suman Sriram Gholap, Respondent 1 herein. In the said complaint, the State of Maharashtra was made Respondent 1 through the Commissioner of Police, Brihan Mumbai. Respondents 2, 4 and 5 were police personnel attached to Shahunagar Police Station, Mumbai 17. The petitioner herein was made the third respondent in f the said complaint case. It was the case of the complainant that the respondents had violated the human rights of one Baban, the son of the complainant, within the scope of Section 12(a) of the Protection of Human Rights Act, 1993.

2. The facts revealed in the complaint and which came to light during the hearing thereof by the Maharashtra State Human Rights Commission, 9 Mumbai (hereinafter referred to as "the Commission") indicate that the complainant, who is a widow, had two sons, one Kisan and the other Baban. She resides in Sanjay Gandhi Nagar Zopadpatti, Matunga, and works as a domestic servant to earn her livelihood. Her elder son, Kisan, lives with his family at Vashi at New Mumbai and the complainant lives with her unmarried younger son, Baban, at Matunga. In 1998, Baban was arrested by Dharavi Police in connection with a case which was tried by the Court of Session and he was acquitted in respect thereof on 2-5-2002.

3. Thereafter, various cases were lodged against Baban and after his acquittal in the case filed by Dharavi Police he left Matunga and went to reside with his elder brother at Vashi where he earned a living by selling fruits as a street vendor. On weekends he used to come to see the complainant and on 30-6-2002, he had come to Matunga to meet the complainant. While he was at his mother's place of residence, Respondent 4 before the Human Rights Commission, ASI K.R. Kubel, along with some other police personnel, came and asked Baban to accompany them to the police station. He was, however, released on the next day.

4. On 8-8-2002, at about 8.00 a.m., Baban had gone to the stall of one Abbas Bhai. According to the complainant, he was assaulted and injured by the said Abbas Sayyed Ali Kadri @ Abbas Ali. The complainant took him with bleeding injuries to the police station where she was asked to wait by the Duty Officer. In the meantime, the said Abbas Ali and his three brothers and some women came to the police station and soon thereafter the police personnel came out and started assaulting Baban. The petitioner herein told the complainant to leave the police station. It is the complainant's case that she was also abused and forcibly removed from the police premises while Baban was detained. An hour later, the police personnel took Baban to hospital while the complainant went home.

5. It is also the complainant's case that when in the evening she went to the police station to enquire about her son, she saw that he had been placed in the police lock-up. She was thereafter informed by Havildar Kubel that her son would not be released from the police station and, accordingly, next day she went to the Court of the Magistrate at Bandra, where Baban was to be produced for the purpose of remand.

6. It was mentioned by the complainant in her complaint that she had been threatened by the police officers in question not to reveal the incidents of the previous day, but when Baban was produced she noticed that he had bandages all over his body and there were injuries on his back and hand. The complainant was threatened not to make any complaint to the court as otherwise her son would be involved in other crimes. Subsequently, Baban was released on bail on 6-9-2002, but was, once again, taken to the police station on 30-9-2002, and was assaulted allegedly on the ground that he had assaul