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2017 Supreme(Online)(KER) 6231
HIGH COURT OF KERALA
SHAJI P.CHALY, J
ALI AKBAR – Appellant
Versus
THE KERALA STATE HUMAN RIGHTS COMMISSION – Respondent
WRIT PETITION (CIVIL) 640/2017
The court affirmed that human rights complaints can be entertained even if there are pending related criminal proceedings, emphasizing the need for preliminary hearings if jurisdictional challenges arise.
Headnote:
Human Rights - Complaint Proceedings - Human Rights Commission Regulations - 17(h) - The court examined the jurisdiction of the Human Rights Commission to entertain complaints that are sub judice, affirming that such matters should be dismissed, referencing applicable regulations and past cases, ultimately deciding not to interfere at the current stage of proceedings.
Fact of the Case:
Petitioners, retired law enforcement officers, seek to quash a complaint alleging human rights violations while in police custody. The complaint is based on their actions during an investigation of crimes involving the destruction of memorial buildings. They argue the complaint is inadmissible as the matter is sub judice.
Finding of the Court:
The court found that the Human Rights Commission has the authority to evaluate its jurisdiction and noted that entertaining the complaint does not imply illegality. It concluded that procedural issues raised by petitioners did not warrant interference with the ongoing complaint process.
Issues: Whether the Human Rights Commission can entertain a complaint that is sub judice.
Ratio Decidendi: The court held that the existence of ongoing proceedings does not, in and of itself, preclude the Human Rights Commission from considering a complaint, especially when the petitioners had the option to seek specific preliminary hearing.
Final Decision: Writ petition dismissed; no interference with the Human Rights Commission's proceedings.
JUDGMENT
This writ petition is filed by the petitioners seeking to quash Ext.P3 complaint bearing No.HRMP 1520/15/ALP pending before the 1st respondent. Material facts discernible from the writ petition are as follows;
2. Petitioners are Superintendent of Police, Deputy Superintendent of Police (both retired on May, 2015), Grade Assistant Sub Inspector and Grade Civil Police Officer respectively and working at Ramankari Police Station, Alappuzha District and Crime Branch Office respectively. A crime was registered by the Sub Inspector of Police, Mararikulam Police Station bearing No.720/2013 under Sections 153, 447, 427 and 436 of Indian Penal Code against four persons, for demolishing, damaging and setting fire to the memorial building of 'comrade late Krishnapillai' at Kannarkad. The issue became sensational, consequent to which, investigation of the case was handed over to CBCID/STATS by the State Government on 29.1.2014 and entrusted the investigation with the petitioners. First petitioner led the investigation and the case was re-registered as CBCID/STAPS Crime 425/Cr./STAPS/2013 under Sections 120B, 153, 447, 427 and 436 r/w. Section 34 of the Indian Penal Code and another crime registered against the said accused registered as Crime No.676/2013 was re-registered as Crime No.173/Cr./STATA/2013, for demolishing and damaging Indira Gandhi Memorial Building at Muhamma. The accused approached the Sessions Court, Alappuzha seeking anticipatory bail, which was disposed of directing them to surrender before the Investigating Officer. However, aggrieved, approached this court by filing bail applications which were dismissed on 5.01.2015 with a direction to surrender before the Investigating Officer within 10 days.
3. In compliance with the direction so issued by this court accused persons surrendered before the Investigating Officer and after interrogation they were produced before the Magistrate and the Magistrate after considering the issue, remanded the accused to the judicial custody on 12.1.2015. Thereupon, petitioners submitted application for police custody and the Magistrate on 13.1.2015 provided custody of the accused persons accordingly. According to the petitioners, all the accused in the above crime are involved in other cases, and especially 1st accused is the prime culprit in a Police Station attack case registered as Crime No.468/2013. It is also stated that, all the accused persons are residents near the memorial building of late Krishna Pillai at Mararikulam, hence apprehending serious law and order situation, and considering the sensitivity of the issue, the accused were taken to the place of occurrence for the purpose of recovery and investigation in tight police security and wearing handcuffs, on 15.1.2015. After the full-fledged investigation on 12.6.2016 final reports were submitted before the Judicial 1st Class Magistrate Court I, Alappuzha.
4. It is also stated, during the course of investigation and in police custody, the accused who were having political influence threatened the petitioners from discharging their official duties and separate cases were registered against the accused persons in this regard. However, the accused persons have approached the 1st respondent on 6.2.2015 and submitted Ext.P3 complaint alleging violation of human rights seeking compensation and to entrust the investigation to the Central Bureau of Investigation.
5. According to the petitioners, the 1st respondent without appreciating the factual and legal circumstances is proceeding with the complaint. That apart it is contended that, the approach of the 1st respondent is against the dictum laid down by this court in the judgment in Bineesh v. State of Kerala [2009 (1) KLJ 460] in respect of handcuffing. That apart it is also contended that, the provisions of the Police Act empowers the officers concerned to take a decision with regard to handcuffing and therefore, there is no human rights violation at all. Petitioners have also
