IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 12^TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945 WP(C) NO. 10479 OF 2021 PETITIONER:

SURESH @ MANKUNNIL SURESH AGED 65 YEARS, S/O. PADMANABHAN NAIR, MANIKUNNIL HOUSE, CHENNAPPARA, VIDHURA P.O.

THIRUVANANTHAPURAM-695 551.

BY ADV SANDHYA RAJU RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

2 KERALA STATE HUMAN RIGHTS COMMISSION, REPRESENTED BY MEMBER SECRETARY, VIKAS BHAVAN, P.O.

TRIVANDRUM 695 033.

TEKCHAND.V SR.G.P.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 12^th day of April 2023 S.MANIKUMAR, C.J.

This writ petition is filed by the petitioner challenging Ext.P4 order dated 27^th March 2020 passed by the Kerala State Human Rights Commission in Case No.1870/11/12/2021.

2. Short facts leading to the filing of the writ petition reads as under:

2.1 Petitioner is stated to be a politician of repute who served as the Vice Chairman of the Kerala State Youth Welfare Board during the period 1987-1990. It is submitted that on account of political rivalries, he was falsely implicated in a cheating case.

2.2 Crime Number 289/1992 was registered under Section 420IPC before the Alappuzha North Police Station alleging that he had received an amount of Rs.3,000/- from the defacto complainant for arranging a job at the tailoring unit of the Kerala Khadi Welfare Workers. Consequent to this, he was arrested and remanded to judicial custody, and later released on bail.

2.3 According to the petitioner, the arrest and incarceration in a false case was extremely traumatic and affected him in a grave manner. It is further submitted by the petitioner that he was the General Secretary of Rashtriya Lokdal India Committee when he was arrested and implicated in the false case without any piece of evidence. It was extremely humiliating for him as his integrity had been questioned with the aim of discrediting him and adversely impacting his political career.

2.4 On an earlier occasion, petitioner had approached this court seeking to quash the entire proceedings relating to the abovesaid crime and this court, directed the respondents to file charge sheet in a time bound manner. However, in the year 2016, after 24 years from the date of registration of the crime, aggrieved by the non filing of charge sheet, the petitioner approached the Hon’ble Supreme Court by filing W.P.(Crl)No.96/2016 with a prayer to quash the entire proceedings in connection with the above crime.

2.5 Later, from the counter affidavit filed by the first respondent, petitioner came to understand that the crime was closed in the year 2011 and the same was accepted by the Chief Judicial Magistrate, Alappuzha. Accepting the above contention, the Hon’ble Supreme Court, by order dated 5.12.2016 disposed of the case as infructuous.

2.6 Thereafter, petitioner approached the Kerala State Human Rights Commission with a prayer to direct the respondents – State of Kerala, represented by the Chief Secretary and the Sub Inspector of Police, Alappuzha North Police Station to pay a sum of Rs.1,41,00,000/- (rupees one crores forty one lakh only) as compensation for the hardships suffered by the petitioner because of the unjustifiable acts of the respondents.

3. By Ext.P4 order, dated 27^th March 2020 the Kerala State Human Rights Commission dismissed Case No.1870/11/12/2021.

4. Being aggrieved, instant writ petition is filed on the following grounds:

“A. The Petitioner submits that the order of Kerala State Human Rights Commission is vitiated by an error apparent on the face of the record. It is submitted that the issue apprised before the Human Rights Commission was the issue relating to abuse of process of law resulting in a denial of liberty and eventual referral of the case. Thus