The State Human Rights Commission must provide a personal hearing in serious cases involving prominent individuals to ensure procedural fairness.

ORDER :

(Order of the Court was made by S. M. Subramaniam J.)

Under assail is the order passed by the State Human Rights Commission, Tamil Nadu in SHRC Case Nos.3111/22/13/2022, 5205/22/14/2022 and 5310/22/14/2022/HC3, dated 07.07.2023.

2. The order impugned has been passed by a Single Member of the State Human Rights Commission.

3. The petitioner states that he is an active politician for more than 35 years and previously held the post of Member of Legislative Assembly for five- times from Royapuram Constituency; three-time Minister and one time Speaker of Tamil Nadu Legislative Assembly. As a Minister, he handled the portfolios of Finance, Law and Justice, Fisheries, Electricity Board, Information Technology, Backward Classes, Forest, Ex-service men, Welfare, etc. He was GST Council Member for four years and attended GST Council Meeting 31 times on behalf of Tamil Nadu Government. He is holding the posts as Organizing Secretary, Member-Steering Committee, Member-Legal Advisory Committee, Secretary- North Chennai District in AIADMK Party.

4. The petitioner filed a complaint before the State Human Rights Commission stating that a false complaint was lodged by Mr.R.Naresh in H3, Tondiarpet Police Station against him and AIADMK Party cadres and for which, a case was registered against him under Sections 506(ii), 147, 148, 294(b), 153, 355, 323, 324 IPC Section 4 AA(1a), 4AA(4) of TN Open places (Prevention of disfigurement) Act, Section 66(e) IT Act in Crime No.81/2022 and U/s. 188, 269, 270 IPC and Section 41(6) CP Act & Section 7(1) (a) CLA Act in Crime No.112/2022.

5. In pursuance of the criminal case, on 21.02.2022, about 8.00 p.m., 40 policemen headed by Deputy Commissioner Mr.Sundara Vadhanam barged into his house without his permission and without giving any notice under Section 41 of Cr.P.C., when he was about to have his dinner along with his wife and grandchildren. The police authorities said that the petitioner was under arrest and he should be taken to police van immediately, without explaining the relevant grounds for arrest and without providing any information. The petitioner made a request for lawyer assistance, which was refused. He requested to provide details about the criminal case and further provided information however, he was not allowed to speak and was manhandled. Finally, he requested police authorities to allow him to change his clothes and take regular night medications before he accompanies the police authorities. The said request was also denied.

6. The petitioner states that he was taken into police van and told that he would be taken to a police station however, he was taken in a secluded place, particulars of which, he did not know and was kept there for about 4 hours. The police authorities had snatched his mobile phone and he was not allowed to contact any one of his family members or his lawyers. At around 12.30 a.m., on 22.02.2022, he was taken to Egmore, Metropolitan Court Complex, where he th was produced before the learned 16 Metropolitan Magistrate, George Town Court. The petitioner informed the learned Magistrate that he was not informed about the crime by the police authorities at the time of arrest and he was treated in inhuman way and he was not informed about the reasons for his arrest. He further pleaded that it was a political vendetta. Thereafter, he was remanded by the learned Magistrate. While remanding the petitioner, the learned Magistrate ordered to provide first class in prison, on the ground that he was a former MLA, Minister, Speaker and Income Tax Assessee, but the petitioner was taken to Poonamallee Sub Jail in order to avoid first class accommodation as ordered by the learned Magistrate.

7. The petitioner states that he reached prison by 3.30 a.m., on 22.02.2022, till then, he was not provided with food or his regular night medications. He spent two days in prison in unclean room with mosquito bites. The petitioner narrates subsequent events in his complaint and made a submiss