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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. NITIN JAMDAR, CJ, MR. SYAM KUMAR V.M., J
SREEDHARAN.M – Appellant
Versus
THE KERALA STATE HUMAN RIGHTS COMMISSION – Respondent
| Table of Content |
|---|
| 1. allegations of police misconduct require credible evidence. (Para 2) |
| 2. the lack of sufficient evidence undermines the kshrc's findings. (Para 5 , 6) |
| 3. inconsistencies in witness testimony affect reliability. (Para 7 , 8 , 9) |
| 4. the court's conclusion on unsubstantiated claims. (Para 10) |
This W.P.(C) is filed by the Petitioner, seeking to quash Ext.P4 order dated 21 May 2015 of the Kerala State Human Rights Commission (KSHRC).
2. The KSHRC had vide the impugned order inter alia directed disciplinary action against the Petitioner, who was an Additional Sub Inspector of Police and against another Police Officer for allegedly causing physical harm/injury to the son of the 2nd Respondent while in Police custody. Ext.P4 order also directed to pay Rs.20,000/- as compensation and to recover the same from the Petitioner and the other officer.
3. The short facts leading to Ext.P4 order is as follows:
Ext.P2 complaint was filed before the KSHRC by the 2nd Respondent alleging that on 05.02.2014, at around 1.00 PM, his son aged 26 years (PW1) was taken into custody by the Police near his college for having prevented a Police Officer from performing his duties. Though PW1 had expl
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