The registration of an FIR by police officials in the discharge of their statutory duties does not amount to a human rights violation unless there is cogent evidence of mala fide intention or abuse of official position.

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned ex-parte order dated 21.10.2022 received by the petitioner on 17.11.2022 in SHRC Case No. 8632 of 2007 passed by 1st respondent, quash the same.

O R D E R

(Order of the Court was made by M.DHANDAPANI, J.)

This Writ Petition has been filed challenging the order passed by the State Human Rights Commission in SHRC No. 8632 of 2007 dated 21.10.2022.

The learned counsel appearing for the petitioner would submit that the petitioner is the Sub-Inspector of Police, Kallimandayam Police Station and that there was a dispute between the petitioners and one Selvan regarding a money transaction. In connection with the said dispute, the said Selvan, along with several persons, allegedly trespassed into the garden of the fourth respondent, threatened and assaulted the father of the fourth respondent and the fifth respondent herein and forcibly obtained their signatures in blank promissory notes and bond papers. Though the father of the fourth respondent and the fifth respondent submitted complaints before the police authorities seeking appropriate action, no effective action was taken. Subsequently, criminal cases were registered against the father of the fourth respondent and fifth respondent and the opposite parties and they alleged that the FIRs were prepared belatedly as an afterthought. Aggrieved by the alleged inaction of the police authorities and the violation of their rights, they made a complaint before the State Human Rights Commission present proceedings have been initiated. The first respondent, after adjudication, passed the impugned order awarding compensation to the private respondents and directing the petitioner to pay the said compensation. Challenging the same, the present writ petition has been filed.

The learned counsel appearing for the petitioner would submit that the petitioner, being a member of the law-enforcing agency, is duty-bound to register a case whenever a cognizable complaint is received. In the present case, FIRs have been registered against both the private respondents and the rival party in accordance with law. Mere registration of an FIR, by itself, cannot constitute a violation of human rights unless the complainant establishes that the registration of the criminal case was actuated by mala fides or resulted in any specific violation of their human rights. Hence, the learned counsel would pray for allowing the writ petition.

Per contra, the learned counsel appearing for the respondents 4 and 5 would submit that, admittedly, there was a dispute among the father of the fourth respondent and one Selvam. However, though the DSP, Palani has given suitable instructions to inquire and take due action, the petitioner has not taken any action on their complaint till date and real culprits have not yet been apprehended. Therefore, the private respondents approached the State Human Rights Commission and after considering the materials placed before it, the Commission passed the impugned order awarding compensation. Hence, no interference is warranted with the order passed by the Commission.

Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents 4 and 5 and perused the materials available on record.

The undisputed fact remains that, pursuant to a complaint received by the police, a criminal case was registered against the private respondents. The police, being the law-enforcing agency, are under a statutory obligation to act upon complaints received by them in accordance with law. The registration of an FIR pursuant to a complaint, without anything more, cannot be construed as a violation of human rights. In order to sustain a claim of human-rights violation against the police officials, there must be cogent material to establish that the officials had acted illegally, with mala fide intentio

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