Police Authorities Are Expected To Understand Scope Of Fundamental Rights While Initiating Actions Against Any Person: Madras HC

The Madras High Court has held that police authorities are expected to understand the scope of fundamental rights under the constitution while initiating actions against any person.

The Court observed that illegalities by law enforcing authority would have serious repercussions in the matter of fundamental rights ensured under the Constitution to every citizen.

The single bench of Justice S.M. Subramaniam was dealing with a petition filed by deceased-S.Rajarethinam, Advocate and Social Activist. The counsel for the petitioner submitted that the deceased petitioner and his family members were harassed by police officials without possessing any valid document to act in accordance with the law.

It was further submitted that the policeman violated the rule of law in entirety and committed not only an act of misconduct but also violence.

The counsel for the petitioner contended that there was an absolute violation of rule of law and not even a single procedure contemplated in D.K.Basu v. State of West Bengal case of the Supreme Court was followed and that the deceased petitioner was tortured, and therefore serious actions are warranted.

Advocate M.Radhakrishnan appeared for the petitioner whereas Additional Advocate General P.Kumaresan, and S.Rajesh, Government Advocate, appeared for the State.

The Court noted that competent authorities/police officials violating the orders of the Supreme Court / Rule of law must be subjected to further actions by following the procedures as contemplated.

The Court also observed that "…this Court is of an opinion that none the procedures contemplated by the Hon'ble Supreme Court of India in D.K.Basu's case was followed and the respondents have so far not established that they have followed any of the procedures contemplated in the said judgement."

Thus the Court initiated suo-moto contempt proceedings against Director General of Police of the State and 9 others for their inactions and for the violations of the mandatory guidelines issued in D.K.Basu's case.

The matter was listed for further hearing on December 15, 2022.

Cause Title- S. Rajarethinam v. State of Tamil Nadu & Ors.

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