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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, K.GOVINDARAJAN THILAKAVADI, JJ
S.Sudhakar – Appellant
Versus
Principal Secretary To Government, Home, Prohibition And Excise Department – Respondent
ORDER :
K .GOVINDARAJAN THILAKAVADI, J.
Challenge in this writ petition is to the order of the State Human Rights Commission in SHRC Case No.7414 of 2017 dated 13.12.2019 passed by the 2nd respondent, directing the 1st respondent to pay a sum of Rs.50,000/- as compensation to the complainant and to recover Rs.25,000/- from the writ petitioner and Rs.12,500/- each from the other respondents in the complaint.
2. The brief facts necessary for disposal of this writ petition are as follows:
The 4th respondent in this writ petition viz., V.Murugan approached the State Human Rights Commission alleging that, he lodged a complaint before Kulasekarapattinam Police Station for the alleged occurrence that took place on 07.07.2016 and the same was registered as CSR No.164 of 2016. While so, the respondents therein forced him to withdraw the said complaint. Thereafter, on 25.07.2017 at about 08.30 a.m, when he was returning from School and passing through Chidambaram Street, the Respondents intercepted the vehicle of the Complainant and assaulted him with lathi and thereafter took him to the Police Station and detained him in the lockup till 03.45 p.m. Thereafter, a false case in Crime.No.178 of 201
The court upheld the State Human Rights Commission's findings of police misconduct, confirming the need for law enforcement to respect citizens' rights and the burden of proof on the accused to dispr....
The court emphasized that human rights commission findings should not interfere with ongoing criminal prosecution, highlighting the need for clear evidence when linking law enforcement officers to al....
Allegations of human rights violations must be substantiated by evidence; mere claims without corroboration do not establish a violation.
Police officials must adhere to lawful procedures in arrest and detention; failure to do so constitutes a violation of human rights.
Illegal detention beyond 24 hours and assault by police constitutes human rights violation, upholding SHRC recommendations.
The main legal point established in the judgment is the requirement for specific evidence supporting the violation of human rights and the proper closure of complaints after due enquiry.
Writ petition allowed as the petitioner failed to establish human rights violations due to lack of supporting evidence.
The State Human Rights Commission must provide a personal hearing in serious cases involving prominent individuals to ensure procedural fairness.
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