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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, R.KALAIMATHI
P.Parthiban – Appellant
Versus
Assistant Registrar (Law) The State Human Rights Commission of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. overview of human rights violations claims. (Para 1 , 5 , 6) |
| 2. arguments on jurisdiction and evidence. (Para 2 , 3 , 4) |
| 3. court's analysis of evidence and liability. (Para 7 , 8 , 9) |
| 4. discussion on sub-judice and its implications. (Para 10 , 11 , 12) |
| 5. conclusion on the writ petition and directions. (Para 13 , 14) |
ORDER :
G.R. SWAMINATHAN, J.
The fourth respondent (since deceased) and the respondents 5 to 7 herein filed complaints before the State Human Rights Commission, Tamil Nadu alleging violation of their human rights at the hands of the writ petitioners herein. The complaints were taken on file in SHRC Nos. 3068 to 3071 of 2011. The State Human Rights Commission vide order dated 29.11.2021 recommended payment of compensation of Rs.1.00 lakh each to the complainants and also taking disciplinary action against the writ petitioners herein. Questioning the said order, this writ petition has been filed.
2.The learned counsel appearing for the writ petitioners reiterated all the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to set aside the impugned order. His contentions were two fold:
a) The materials placed b
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 misconduct, including illegal detention and assault, constitutes a violation of human rights under the Protection of Human Rights Act, 1993.
The closure of a criminal investigation as a 'mistake of fact' does not constitute a violation of 'human rights' as defined under Section 2(d) of the Protection of Human Rights Act, 1993, and the Sta....
Police officer's improper involvement in investigation due to conflict confirmed; compensation upheld but disciplinary action waived due to provocation and time lapse.
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....
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