Back
2023 Supreme(Online)(MAD) 32048
MADRAS HIGH COURT
Rajangam – Appellant
Versus
The State Human Rights Commission, – Respondent
WP/24533/2022
Police officers have a duty to protect the rights of citizens and cannot violate their human rights.
Headnote:
HUMAN RIGHTS VIOLATION - POLICE EXCESS - [SHRC's order awarding compensation for police brutality upheld by the High Court]
Fact of the Case:
A Sub-Inspector of Police was accused of brutally assaulting two brothers who had come to file a complaint at the police station. The State Human Rights Commission (SHRC) found the police officer guilty of human rights violation and ordered compensation to the victims.
Finding of the Court:
The High Court upheld the SHRC's order, finding that the police officer had violated the human rights of the victims and that the compensation awarded was reasonable.
Issues: Whether the police officer had violated the human rights of the victims.
Ratio Decidendi: The High Court held that the SHRC had correctly concluded that the police officer had violated the human rights of the victims. The Court noted that the victims had sustained serious injuries that could not have been caused in a fisticuff scuffle, and that the police officer had not provided them with medical aid despite their injuries.
Final Decision: The High Court dismissed the police officer's petition and upheld the SHRC's order awarding compensation to the victims.
W.P.No.24533 of 2022 & W.M.P. No.23497 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2023
CORAM
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
W.P.No.24533 of 2022 &
W.M.P. No.23497 of 2022
Rajangam
...Petitioner
Vs.
1. The State Human Rights Commission
Rep. by its Registrar,
Thiruvarangam,
No.143 P.S. Kumarasamy Raja Salai,
Greenways Road, Chennai 600 028
2. Anbumani
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying to issue appropriate writ, order or direction more particularly a Writ
in the nature of Writ of Certiorari Mandamus calling for the records on the
file of the 1st respondent in SHRC Case No.11924 of 2019 order dated
11.07.2022 and to quash the same and to consequently dismiss the complaint
filed by the 2nd respondent.
For Petitioner
: Mr. N.U. Pressanna
For R1
: Mr. S. Karthikeyan
For R2
: Mr. M. Anandaraj
Page 1 of 12
https://www.mhc.tn.gov.in/judis
W.P.No.24533 of 2022 & W.M.P. No.23497 of 2022
ORDER
( R.HEMALATHA, J.)
This petition is filed praying for issue of a writ of certiorarified
mandamus calling for the records on the file of the State Human Rights
Commission in SHRC Case No.11924 of 2019 and for quashing the same.
2. The facts of the case, before analysing the order of the State
Human Rights Commission (SHRC), are as follows:
2.1. The petitioner is a Sub-Inspector of Police presently posted
in U-Port Police Station in Cuddalore District. The incident which took
place was in 2019 when he was the Sub-inspector of Police in Koovathur
Police Station in Kanchipuram District.
2.2. It is alleged that on 12.11.2019 there was a dispute between
two neighbours one Kumar S/o. Gopal and another Anbumani, S/o.
Vilvamani, both of them were residents of Mettu Street, Koodur Village,
Kanchipuram District. The cattle owned by the said Kumar had strayed
Page 2 of 12
https://www.mhc.tn.gov.in/judis
W.P.No.24533 of 2022 & W.M.P. No.23497 of 2022
into the house of Anbumani, the second respondent / complainant. The
cattle had eaten the hay stacked in the compound of the house of
Anbumani. Infuriated over this, the said Anbumani's wife Amala went to
Kumar's residence and questioned Kumar's wife Kanmani. The verbal
altercation was not just a one time affair and there was a running feud
between the two families. The wordy duel escalated into physical
confrontation due to which the two neighbours went to Koovathur Police
Station to complain against each other on the next day i.e. 13.11.2019.
2.3. According to the complainant Anbumani (complainant in
SHRC) he along with his wife Amala and younger brother Selvakumar
went to Koovathur Police Station at 11.00 a.m. on 13.11.2019 to file a
complaint against his neighbour Kumar. The petitioner who was the Sub
Inspector in the Koovathur Police Station abused them in filthy language
and along with three other policemen brutally assaulted the two brothers
causing injuries to them. After a long captivity in the Police Station,
residents from his village had to gather and agitate before the station to
rescue them (all the three) at about 4.00 p.m. The complainant Anbumani
Page 3 of 12
https://www.mhc.tn.gov.in/judis
W.P.No.24533 of 2022 & W.M.P. No.23497 of 2022
and his brother Selvakumar had to be taken to Maduranthakam
Government Hospital the same day evening at 06.00 p.m. where they were
treated as inpatients and were discharged only on 15.11.2019. The
complainant lodged a complaint with SHRC Tamilnadu and it was filed as
Case No.11924 of 2019.
2.4. The present petitioner Rajangam, Sub-Inspector of Police
countered the contents of the complaint by stating that both the neighbours
Kumar and Anbumani were found fighting with each other in front of the
station in the morning of 13.11.2019 and the said Anbumani and his
brother were already injured in
