A finding of human rights violation by the State Human Rights Commission is unsustainable if it is not supported by material evidence, such as medical records, and fails to consider relevant pending criminal proceedings.

PRAYER :

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records from the 1st respondent relating to the impugned order passed by it in S.H.R.C.No.6712/2015 dt.6.5.2019 and quash the same.

O R D E R

(Order of the Court was made by N.DILIP KUMAR, J.)

The writ petitioner, then Inspector of Police, is before this Court challenging the order passed by the State Human Rights Commission in SHRC Case No.6712 of 2015, dated 06.05.2019, whereunder, upon the complaint given by the second respondent, the Commission concluded that the complainant is eligible to receive a compensation of Rs.1,00,000/- (Rupees one lakh only) from the Government of Tamil Nadu, with a further direction to recover the same from the petitioner and also to initiate departmental as well as criminal prosecution against the writ petitioner. The Government is also directed to suspend the writ petitioner during the pendency of the departmental proceedings.

The learned counsel appearing for the writ petitioner would strenuously contend that the complainant before the SHRC had alleged that on 28th August 2019, while he was at Kayathar Police Station, he questioned the registration of a case against Chelladurai, his son-in-law and at that time, the complainant was assaulted by the writ petitioner and therefore, he had allegedly lodged a complaint before the Human Rights Commission.

The learned counsel for the writ petitioner would state that the police authorities had received a complaint and a counter complaint from the complainant and his rival faction with regard to the alleged fabrication of documents concerning a civil dispute that had led to the filing of a civil suit in O.S.No.79 of 2012 on the file of the District Munsif Court, Kovilpatti. There is no violation of human rights. Acting upon the complaint from the respective parties, they had charge-sheeted the complaint registered against the complainant before the Human Rights Commission and it is pending in C.C.No.532 of 2015 on the file of the Judicial Magistrate No.2, Kovilpatti. He would contend that the claim of the complainant that he was assaulted in the police station, is not supported by any material document. Either the Accident Register or the medical records produced do not indicate the suffering of any injury by the complainant and the conclusion arrived at by the State Human Rights Commission is not sustainable and it is not supported by any material documents. He would therefore pray this Court to allow the writ petition and set aside the punishment imposed against him.

The learned counsel for the complainant would state that the complainant is a retired Assistant Director from the Rural Development Department of the Government of Tamil Nadu and, with regard to his property situated in Survey No.204/4A, Panneerkulam Village, some miscreants had attempted to create fabricated records and therefore, he was constrained to file a civil suit in O.S.No.79 of 2012 before the District Munsif Court, Kovilpatti and in fact, the judgment and decree delivered in the said suit on 14th December 2016 was in his favour. When the police authorities, particularly the writ petitioner, investigated with the said process, they had compelled him to settle the dispute with the rival party and had also registered a fictitious complaint against him, which is now pending in C.C.No.532 of 2015.

The learned counsel fairly submitted that the Civil Court judgment and decree in O.S.No.79 of 2012 is now pending challenge before the Appellate Court in an appeal suit.

His grievance is that the police authorities have falsely implicated his son-in-law and himself in a criminal case and they have erroneously closed the complaint given by them as mistake of fact. In this regard, he had already filed a protest petition in Criminal M.P.No.1605 of 2020 before the Court of the Judicial Magistrate No.2, Kovilpatti an