Police misconduct, including illegal detention and assault, constitutes a violation of human rights under the Protection of Human Rights Act, 1993.

ORDER :

(By G.R.SWAMINATHAN, J.)

Selvaraj, the petitioner in W.P(MD)No.14715 of 2023 and fourth respondent in the other four writ petitions, lodged complaint before the State Human Rights Commission, Tamil Nadu. It was taken on file in SHRC No.7744 of 2019. The order dated 01.09.2022 disposing of the said complaint is under challenge in these writ petitions.

2.The case of the complainant is as follows:

The complainant had civil disputes with his brother A.Vijayan and his son V.Anand. An agreement was entered into between V.Anand (complainant's nephew) and the complainant on 04.01.2017 whereby the complainant agreed to relinquish all his rights with respect to one of the properties, namely, Anand Theatre, in favour of V.Anand. It was agreed that V.Anand would pay a sum of 80 lakhs rupees in installments. Subsequently, another agreement was entered into on 10.04.2017 between A.Vjayan and the complainant settling all the disputes. However, with regard to a particular property, namely “Anandha Bhavan Hotel”, located at Marthandam junction, the dispute remained unresolved. The complainant had inducted a tenant in the said property.The understanding between the complainant and his brother Vijayan was that Vijayan could seek possession of the said property only after the expiry of the lease period on 20.01.2022.

3.In connection with the said issue, Anand had paid a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) to the complainant. Anand wanted the complainant to return the said amount. This was the bone of contention between the complainant and Anand. At this stage, one Karthikeyan assumed charge as DSP, Thuckalay. The complainant received oral intimation from the local Police that he should appear before the said Karthikeyan, DSP for enquiry on 21.05.2019 at around 07.00 p.m. The complainant accordingly appeared before the DSP. The DSP insisted that the complainant should pay Rs.20,00,000/- (Rupees Twenty Lakhs only) to Anand. The complainant was threatened with dire consequences if he failed to do so. The complainant, however, refused to submit to the demand of the DSP.

4.On the next day i.e., 22.05.2019, the complainant received a formal summon to appear before the DSP in Marthandam Police Station at around 06.00 p.m. Karthikeyan reiterated his earlier threat. Once again the complainant declined to accede. While so, on 30.05.2019 at around 05.00 p.m, Mohan Kumar, Rejini and Stephen, Police personnel belonging to the Special Squad of the office of the DSP, entered the complaint's premises and dragged him. He was forcibly pushed into a police vehicle. He was also beaten up. Mohan Kumar hit the complainant against a steel bar inside the vehicle. The complainant was abused and then taken to Marthandam Police Station. The complainant was kept in illegal detention for a few hours. He was then taken to and detained in the premises of Kottikodu Police Station. He was also blindfolded. Thereafter, Karthikeyan, DSP, Thuckalay came to the spot and told the complainant that he should arrange to pay Rs.20,00,000/- to Anand and if he failed to do so, he would be falsely implicated in criminal cases. The complainant was again beaten up by Karthikeyan.

5.Thereafter, the complainant was taken to the Government Hospital, Kuzhithurai at about 09.30 a.m, detained there till evening and then shifted to the Government Hospital, Asaripallam. The complainant was kept in the ICU and discharged on 08.06.2019. In the meanwhile, the complainant obtained anticipatory bail even though he was shown as having been arrested on 31.05.2019 itself. Seeking compensation for the in