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2025 Supreme(Online)(Mad) 67478
2025:MHC:2193 IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 08.09.2025 Pronounced on : 12.09.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.8829 & 8831 of 2021 and W.M.P.Nos.9361 & 9376 of 2021 W.P.No.8829 of 2021 A.A.Joachim Jerry ... Petitioner(s)
Vs.
1. The Secretary, Human Rights Commission, Tamil Nadu, Thiruvarangam, 143, P.S.Kumarasamy Raja Salai [Greenways Road], Chennai – 600 028.
2. Tmt. D.Saraswathi
3. Mr.Dineshkumar ... Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the entire records relating to order passed by the first respondent in Letter No.1174/2021/SHRC, dated
01.03.2021 to quash the same.
A.A.Joachim Jerry ... Petitioner(s)
Vs.
1. The Secretary, Human Rights Commission, Tamil Nadu, Thiruvarangam, 143, P.S.Kumarasamy Raja Salai [Greenways Road], Chennai – 600 028.
2. Tmt. D.Saraswathi
3. Mr.Dineshkumar ... Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the entire records relating to order passed by the first respondent dated 29.04.2016 made in SHRC Case No.6784 of 2015 to quash the same.
In Both Petitions For Petitioner(s) : Mr.V.Raghavachari, Senior Counsel for Mr.A.Gouthaman For R1 : Mr.Manisundargopal and Mr.Arun Anbumani For R2 & R3 : No appearance
The court upheld that disregarding a court injunction during an arrest constitutes a violation of human rights, warranting compensation and disciplinary action against the responsible officer.
Headnote:(A) Protection of Human Rights Act, 1993 - Human Rights Commission (Procedure) Regulations, 1997 - Illegal arrest - Writ petitions filed to quash orders related to complaints of human rights violations, wherein the arrest of the complainant by police was found to violate her liberty safeguarded under court orders. (Paras 1-3)
(B) Human Rights - The action of the police in arresting the complainant without adhering to a prior directive by the court was deemed a violation of her rights, necessitating compensation and disciplinary action against the responsible officer. (Paras 9-13)
(C) Jurisdiction - The court affirmed that the Human Rights Commission acted within its mandate under the Act and rightly concluded that the petitioner committed an illegality by disregarding court orders. (Para 20)
Facts of the case:
The petitioners challenged ex parte decisions made by the Human Rights Commission regarding complaints of illegal arrest and human rights violations arising from a previous court order. The complaints were linked to arrests made contrary to an existing court injunction.
Findings of Court:
The Human Rights Commission's recommendations were upheld, confirming compensation for the complainant and initiating disciplinary action against the petitioner for human rights violations.
Issues: The court examined whether the petitioner’s arrest of the second respondent contravened prior court orders safeguarding the second respondent's rights.
Ratio Decidendi: The court found that the petitioner, aware of the court's prior orders, deliberately violated them, leading to the conclusion that such action infringed the complainant's rights.
Result: Writ petitions dismissed, and disciplinary proceedings against the petitioner to continue.
COMMON ORDER
(Order of the Court was made by MUMMINENI SUDHEER KUMAR, J.)
These two writ petitions are at the instance of the very same petitioner and the subject matter is also intrinsically connected and between the same petitioner. As such, both the matters were heard together and are being disposed of by this common order.
2. W.P.No. 8831 of 2021 has been filed seeking a writ of certiorari to call for the records in connection with the order dated 29.04.2016 made in SHRC Case No. 6784 of 2015. Whereas, W.P.No. 8829 of 2021 has been filed seeking a writ of certiorari to call for the records in connection with the Letter No. 1174/2021/SHRC dated 01.03.2021 and to quash the same.
3. The brief fact that are relevant for disposal of these writ petitions are as under:-
3.1. The second respondent made a complaint to the first respondent/Tamil Nadu Human Rights Commission (hereinafter referred to as ‘HRC’ for the sake of convenience) on 10.08.2015, alleging that she was arrested by the petitioner herein on 03.08.2015 in contravention of an order dated 31.07.2015 passed by this court in Crl.OP.No.18908 of 2015 , thereby curtailing her liberty. Besides the said allegation, the second respondent also made several other allegations of ill-treatment, both physical and verbal, in the hands of the petitioner and the third respondent herein.
3.2. The second respondent has narrated the sequence of such abuse in detail, including illegal detention in the police station. The said complaint was taken on file by the HRC and the same was registered as SHRC No.6784 of 2015 and accordingly, summons was issued to the respondents therein. The petitioner herein was arrayed as first respondent in the said case before the HRC, and the third respondent herein was arrayed as second respondent. The summons were duly served on the petitioner and the third respondent and accordingly, petitioner and the third respondent appeared before the HRC on 03.11.2015 in person. The copies of the complaint were furnished to them, duly adjourning the matter to 08.12.2015 for filing a counter by the petitioner herein. However, thereafter, neither the petitioner nor the third respondent has chosen to appear before the HRC and, in view of the same, the HRC proceeded to give one more opportunity to the petitioner herein as a last chance by adjoining the matter to 27.01.2016. But the petitioner and the third respondent failed to appear. The HRC then proceeded to conduct an enquiry exparte. Accordingly, the second respondent/ complainant was examined as P.W-1 and her brother was examined as P.W-2 besides marking Exhibits P1 to P11, in support of the complaint. Thereupon, the HRC considered the matter in detail and passed an order dated 29.04.2016, duly making certain recommendations to the Government. The operative portion of the said order reads as under:-
“17. In the result, this Commission doth recommend as follows:
The Government of Tamil Nadu shall pay a sum of Rs.1,00,000/-(Rupees One Lakh only) to the Complainant Tmt.D.Saraswathi, D/o K.Durairaj residing at No.210, Arunachalam Apartment, Bharathiyar 5th Street. S.S.Colony, Madurai-16 and Rs.25,000/- (Rupees Twenty Five Thousand only) to th/e Complainant's brother Thiru D.Pothiraj, So K.Durairaj residing at No.10, First Floor New Colony, 4th Street, Adambakkam, Chennai-600008 within 8 weeks from the date of receipt of a copy of this recommendation and may recover the same from the 1 Respondent Thiru A.A.Joachim Jerry, then working as Inspector of Police, J7 Velacherry Police Station, Chennai, as per rules:
(2) The Government of Tamil Nadu shall initiate disciplinary action against the 1 Respondent Thiru A.A.Joachim Jerry, then working as Inspector of Police, J7 Velacherry Police Station, Chennai for his flagrant violation of human rights against the Complainant and her brother.”
3.3. It was thereafter the Government acted upon the recommendations of the HRC and, accordingly, issued orders in G.O (2D) No. 306, Home (POL-IV) Dep
