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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K. RAJASEKAR, JJ
D.Jayakumar S/o. Durairaj – Appellant
Versus
Registrar, State Human Rights Commission, Chennai – Respondent
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, Tondiarp
The State Human Rights Commission must provide a personal hearing in serious cases involving prominent individuals to ensure procedural fairness.
Allegations of human rights violations must be substantiated by evidence; mere claims without corroboration do not establish a violation.
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....
Police officials must adhere to lawful procedures in arrest and detention; failure to do so constitutes a violation of human rights.
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.
Excessive force during an arrest by law enforcement constitutes a human rights violation, meriting compensation, while disciplinary action may not be appropriate if initial actions were lawful.
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