Police Officials Must Adhere To Human Rights Standing Orders: Madras High Court Upholds ₹1 Lakh Compensation Granted To Man Treated Inhumanely In Lock Up
The Madras High Court dismissed two Writ Petitions filed against the Order of the Tamil Nadu, State Human Rights Commission.
Justice J. Nisha Banu, Justice M. Jothiraman, Madras High Court
The Madras High Court has upheld Rs. 1 lakh compensation granted to a man who was treated inhumanely in lock up and was coerced to remove all his clothes.
The Court was deciding two Writ Petitions filed against the Order of the Tamil Nadu, State Human Rights Commission (SHRC) and consequential Order of the Additional Chief Secretary to Government of Tamil Nadu Home Department.
A Division Bench comprising Justice J. Nisha Banu and Justice M. Jothiraman observed, “The police officials must respect human dignity, avoid discrimination and protect vulnerable groups. The police officials must adhere to human rights standing orders to build trust, prevent abuse and promote accountability. By upholding human rights, police officials shall effectively perform their duties, while respecting citizen's fundamental rights and dignity.”
Advocate M. Rajasekar represented the Petitioners, while Special Government Pleader (SGP) M. Venkateshwaran and Additional Public Prosecutor (APP) M. Babu Muthu Meeran represented the Respondents.
Factual Background
The Respondent had filed a Complaint against before the Tamil Nadu State Human Rights Commission alleging that he was falsely implicated in a case based on a Complaint lodged by a man for an alleged offence under Section 420 of the Indian Penal Code, 1860 (IPC). He further alleged that in 2013, at about 3 a.m., he was taken up to the police station and put up in the lock up and was coerced to remove all his clothes. He was allegedly treated inhumanly with nudity.
The Respondent made several allegations against the Inspector of Police, Sub-Inspectors, and Police Constables. He also alleged that the Petitioners violated human rights due to their inhuman activities towards him. He, therefore, prayed the Human Rights Commission to take suitable action against them. The Commission came to the finding that there was violation of human rights by the Petitioners and accordingly directed the State to pay a compensation of Rs. 1,00,000/- to the Respondent. This was under challenge before the High Court.
Reasoning
The High Court in view of the facts and circumstances of the case, said, “This Court is of the view that the police officials have a critical role in maintaining the law and order, while upholding human rights. Their duties include i)protecting citizens ii)upholding the laws and iii)maintaining tranquility.”
The Court noted that the State Human Rights Commission which has been assigned a constitutional role with statutory backing, its recommendations are not liable to be ignored.
“It is needless to mention that any act done by the officials of the Government in violation of the Human Rights then the Government either directly or vicariously liable for the act done by the officials. Since there was no challenge to the recommendations given by the state human rights commission by the government in terms of section 18(e) of the Act”, it added.
The Court concluded that there is no reason to interfere with the impugned Order.
Accordingly, the High Court dismissed the Writ Petitions and upheld the impugned Order.
Cause Title- D. Babu Rajendra Bose v. The Tamil Nadu State Human Rights Commissioner & Ors. (Case Number: W.P.Nos.4569 of 2023 & 17866 of 2024)
Appearance:
Petitioners: Advocate M. Rajasekar
Respondents: SGP M. Venkateshwaran, APP M. Babu Muthu Meeran, and Advocate T.C. Gopalakrishnan.
