Not Every Casual Inquiry By Police Can Be Termed As Violation Of Human Rights- Madras High Court

The Madras High Court has observed that there were some instances of human rights violations in police stations but not every casual inquiry by police could be termed as a violation of human rights and further allowed the Writ of Certiorari to call for record of the order passed by the State Human Rights Commission.

The Bench of Justice V.M. Velumani and Justice R. Hemalatha observed that “The awareness amongst public is also lacking. They do not differentiate between civil and criminal matters. More sensitisation of the police force in such matter is required. Police force play a vital role in maintaining law and order. Though they need to exercise caution while handling such cases, they cannot be accused of human rights violation at the drop of a hat. It may turn out to be a demoralising factor to the entire police force. Therefore, the present case is not one which can be classified as a human rights violation.”

Advocate D. Selvam appeared for the petitioner and Government Advocate R.L. Karthika appeared for the respondent.

In a plea moved by an Assistant Commissioner of Police, an order of the State Human Rights Commission directing him to pay Rs. 25,000/- to a man and the recommendation of instituting departmental action against him, had been challenged.

A complaint was filed wherein it was argued that the petitioner had colluded with third parties and had forced the complainant to arrive at a settlement with respect to some money that was pending towards the complainant.

The Court noted that the contents of the report clearly established that the complainant was not a victim of human rights violation. Neither he was detained illegally nor was he subjected to any mental harassment or torture.

“Therefore, without any allegations of harassment or threat by the police, such conclusions regarding human rights violations as concluded by the State Human Rights Commission, Chennai, would put the entire police force on defence mode.” observed the Court.

Consequently, the order of the State Human Rights Commission was quashed and the Writ Petition was allowed.

Cause Title- Lakshmanan v. The Secretary, State Human Rights Commission & Ors.

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