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2019 Supreme(Mad) 24
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.S. SIVAGNANAM, N. SATHISH KUMAR, JJ.
K. Jagan - Petitioner
Versus
The Chairman State Human Rights Commission Tamil Nadu Thiruvarangam and Ors - Respondent
Writ Petition No.980 of 2019
Decided on : 25-01-2019
Advocate Appeared:
For the Petitioner: Mr. R. Rajarajan
The central legal point established in the judgment is the requirement to substantiate allegations of human rights violations with evidence, and the court's reliance on the findings of the State Commission for Women in reaching its decision.
Headnote:
Human Rights Violation - Police Assault - 147, 341, 294(b), 353, 332, 506(ii) and 307 I.P.C. - The court analyzed the allegations of human rights violations, abuse, and assault under various sections of the Indian Penal Code. The key legal provisions discussed include the evidence of injuries, conduct of the petitioner, and the findings of the State Commission for Women. The court concluded that the allegations of human rights violation were not established, and the petition was dismissed.
Fact of the Case:
The writ petitioner alleged that he was assaulted by the police, leading to human rights violations. The State Human Rights Commission dismissed the complaint filed by the petitioner, leading to the filing of the writ petition.
Finding of the Court:
The court found that the allegations of human rights violations were not established based on the evidence and conduct of the petitioner. The court concluded that the petition lacked merit and dismissed it.
Issues: Alleged human rights violations, abuse, and assault by the police, and the dismissal of the complaint by the State Human Rights Commission.
Ratio Decidendi: The court analyzed the evidence of injuries, the conduct of the petitioner and his family members, and the findings of the State Commission for Women to determine the validity of the allegations of human rights violations.
Final Decision: The writ petition was dismissed by the court.
N. SATHISH KUMAR, J.
1. Aggrieved over the finding of the State Human Rights Commission, dismissing the complaint filed by the Writ Petitioner, the Writ Petition has been filed.
2. The brief facts leading to file this Writ Petition is as follows:
2(a) On 16.08.2013 at about 07.15 p.m. while the Writ Petitioner was standing along with his friends, the Second Respondent Sub-Inspector of Police took him to the Police Station and beat him with lathi and also kicked him. Thereby the Writ Petitioner sustained injuries besides the Third Respondent another Sub-Inspector of Police also abused him and made him to sit in the Police Station. Thereafter, uncle of the Writ Petitioner came to the Police Station and took him to his home. After that the Writ Petitioner along with his relatives went to the Police Station at about 9.45 p.m. to question the Second Respondent about the assault made by him. At that time the Third Respondent and some other home guards were present in the Police Station. Thereafter, the Second Respondent came to the Police Station and used abusive words against the women standing there and beat the Writ Petitioner's elder brother with lathi and also pulled the saree of one Ms. Sumithra and also caught hold the hand of one Ms. Sarasu besides kicked the Writ Petitioner's father Kumar. The Third Respondent also beat the other persons with lathi. Thereafter, the Respondents themselves inflicted self injuries and also destroyed some materials in the Police Station and filed a complaint against the Writ Petitioner and others in Cr.No.233 of 2013 u/s 147, 341, 294(b), 353, 332, 506(ii) and 307 I.P.C., thereby the respondents violated the human rights of the Writ Petitioner.
3. It is the case of the Respondents that while the First Respondent was working as Sub-Inspector of Police, he has registered 16 cases against the persons who involved the sand theft. On 16.08.2013 at about 8.15 p.m. in respect of sand theft, he has called the Writ Petitioner for enquiry, as it is found that the Writ Petitioner was an informer to the sand mafia about the police movement. Writ Petitioner's elder brother is also one of the sand smuggler. After enquiry the Writ Petitioner was let off. Thereafter, a mob came to the Police Station at about 10.00 p.m. and attacked the Third Respondent and destroyed the materials in the Police Station. On the basis of his complaint, case has been registered in Cr.No.233/2013 u/s 147, 341, 294(b), 353, 332, 506(ii) and 307 I.P.C., Hence it is the contention of the Respondents that the allegations of the human right violations, abuse and assault are false.
4. Before the Commission, the Writ Petitioner examined himself as P.W.1 and also examined P.Ws.2 to 5 as witnesses and marked Ex.P.1 to prove the allegations. On the side of the Respondent R.W.1 and R.W.2 were examined. The Learned Member of the Commission on thorough analysis of the entire facts has dismissed the complaint. Aggrieved over the same the We heard the learned counsel for the Writ Petitioner during the admission of this Writ Petition. present Writ Petition has been filed.
5. Learned counsel appearing for the Writ Petitioner submitted that the Commission has not appreciated the facts properly. The evidence of P.Ws.1 to 5 clearly prove the human rights violations. The evidence adduced on the side of the Writ Petitioner has simply ignored by the Commission. Hence, submitted that the finding of the Commission is certainly to be interfered by this Court.
6. We have perused the Order passed by the State Human Rights Commission. The main allegation of the Writ Petitioner is that on 16.08.2013 at about 7.15 p.m. while he was standing in front of the shop along with one Manikandan, Sathish and Boobalan, the Second Respondent Sub-Inspector of Police took him to the Police Station and beat him with lathi and also kicked him, thereby Writ Petitioner sustained injuries. Thereafter, his uncle Mr. Manohar came to the Police Station and took him to the house. The
