IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.9.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition Nos.19789 and 19790 of 2003 and WPMP.Nos.24746 and 24748 of 2003 D.R.Venkatesan .. Petitioner in W.P.No.19789/2003 K.Kayambu .. Petitioner in W.P.No.19790/2003 -Vs- 1. The Hon'ble Presiding Officer, Tamil Nadu Human Rights Commission, Royapettah, Chennai-14. 2. Mr.K.Govindaraj .. Respondents in both W.Ps. W.P.Nos.19789 and 19790 of 2003 Writ petitions filed under Article 226 of the Constitution of India praying this Honourable Court to issue a writ of certiorari to call for the records in pursuant to the order passed by the 1st respondent in SHRC Case No.54/2002/AG/SS dated 4.6.2003 and quash the same. For petitioners : Mr.S.M.Subramaniam For respondents : Mr.R.Singaravelan for R1 No appearance for R2. COMMON ORDER The present two writ petitions have been filed by accused/respondents 3 and 4 in SHRC.Case No.54/2002/AG/SS, challenging the order passed by the first respondent viz., Tamil https://hcservices.ecourts.gov.in/hcservices/ Nadu Human Rights Commission dated 4.6.2003 in the said case. Heard the parties on both sides. 2. Originally, a complaint was made against five persons, against whom there was a criminal case said to have been falsely foisted. The complainant K.Govindaraj has served in the Indian Army for 17 years and after his retirement from service in the year 1996, he started doing business in match works, fire works etc. He was also assessed to Tamil Nadu General Sales Tax and Central Sales Tax and therefore he claims to be a responsible citizen of this State. Whileso, on 13.10.2001, when the complainant, his wife and assistant went to Madurai and purchased garments from Rajkumar Textiles and Aariff Brothers for Rs.16,500/- out of Rs.1 lakh, which he withdrew from bank, after he sent his wife and assistant to Kovilpatti, he went to Coimbatore to attend garment export business with balance of Rs.83,500/- in his possession. On reaching Coimbatore at 11.30 pm, he stayed in a hotel near Gandhipuram bus stand and after finishing his work on 14.10.2001, he left for Chennai by Government Transport Express bus. Thereafter, when he reached Chennai Central Railway Station on 15.10.2001 at 9.30 am, he was waiting in waiting hall as the train for Surat would start at afternoon. At that time, policemen enquired the complainant/ petitioner in SHRC.Case No.54/2002 and when he informed that he was an Ex-Serviceman, doing business in garments and having Rs.83,500/- and waiting to go to Surat in connection with his business, they simply asked him to go to Railway Police Station in the upstairs of Chennai Central Railway Station. When he started explaining that he would be missing the train and he was a responsible Ex- serviceman, the officer in the police station called him 'thief' and described his money as stolen money. Even though the complainant gave identification card and visiting card, they did not believe him and subsequently he was put to unnecessary harassment, his legs were chained and he was kept in police custody. https://hcservices.ecourts.gov.in/hcservices/ 3. One Mr.Venkatesh, Sub Inspector of Police, Mr.Udhayakumar, Inspector of Police and Mr.Balakrishnan, Deputy Superintendent of Police enquired the complainant. Even though he gave explanation, the same was not accepted by them. Further, he was very badly treated by them by kicking and beating mercilessly and they also hanged him upside down stating that the properties were stolen by him. Thereafter, by keeping the complainant in their custody from 15.10.2001 till 29.10.2001 in the very same Chennai Central Railway Station, produced him before the George Town Court on 29.10.2001 at 6 pm, who also remanded the complainant for 14 days and thereafter, the petitioner was released on bail on 29.11.2001. Once again, the complainant was wrongly implicated in another case for which he was remanded by Judicial Magistrate No.VI, Coimbatore and he was taken to Coimbatore Central Jail. Once again, after obtaining bail in the second case, he made a complaint before the State Human Rights Commission. 4. After considering the plight of the complainant, a report was called for by the State Human Rights Commission from the Deputy Superintendent of Police-Railways. In pursuant to the notice, Deputy Inspector General of Police-Railways submitted his report to the Deputy Superintendent of Police- Railways. The Superintendent of Police-Railways, after discussing the case of the complainant, stated that the complainant was really involved in three theft cases and suggested that there was no substance in the complaint. Disbelieving the said report of the Superintendent of Police- Railways, the State Human Rights Commission, the first respondent herein, has entrusted the further investigation to Investigation Wing of State Human Rights Commission for the reason that the report of the Superintendent of Police-Railways, on perusal, proved to be doubted and unacceptable, since several contradictions were found in the report. 5. Finally, the Investigation Wing of the State Human Rights Commission, after thorough probe into the matter, submitted a report stating that the report filed by the Railway- police was full of flaw, concocted and motivated only to hide the real truth. On that basis, the State Human Rights Commission, accepting the case of the complainant, awarded Rs.2,50,000/- (Rupees two lakhs and fifty thousand only) to Mr.Govindaraj, the complainant as compensation for human rights violations committed by the respondents 1 to 4 in SHRC Case No.54/2002/AG/SS, by giving a specific direction to the Secretary to Government of Tamil Nadu, Home Department to pay the said amount to the complainant, with a further direction to recover a sum of Rs.1 lakh from pay and other allowances of Thiru.Balakrishnan, Deputy Superintendent of Police and a sum of https://hcservices.ecourts.gov.in/hcservices/ Rs.50,000/- each from the pay and other emoluments of Tvl.A.Udayakumar, Inspector of Police, D.R.Venkatesan, Special Sub Inspector of Police and K.Kayambu, Sub Inspector of Police for proved human rights violations committed by them against the complainant. The said order is under challenge. The Secretary to Government of Tamil Nadu, Home Department was also directed to entrust the case of illegal custody and human rights violation to Crime Branch CID and the Crime Branch CID was directed to register a case against the said respondents 1 to 4 in SHRC.Case No.54/2002, since in the report of the Superintendent of Police-Railways minor discrepancies and contradictions on the side of the complainant were deliberately magnified, disbelieving the report of the Superintendent of Police-Railways, the Commission has ordered further investigation by Investigation wing, attached to State Human Rights Commission and to submit further report in the matter. 6. Thereafter, the Deputy Superintendent of Police of State Human Rights Commission has conducted a detailed enquiry and examined 23 witnesses and finally came to the conclusion that the complaint made by Mr.K.Govindaraj was genuine and acceptable. Only thereupon, the Tamil Nadu Human Rights Commission has awarded Rs.2,50,000/- (Rupees two lakhs and fifty thousand only) payable to the complainant as stated above. 7. Therefore, I do not find any merit in the writ petitions. 8. Both the Writ petitions are dismissed. No costs. In view of the dismissal of the writ petitions, order of stay granted by this Court is also vacated and WPMP.Nos.24746 and 24748 of 2003 are also dismissed and Crime Branch CBCID is directed to proceed further in the case, in accordance with law. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar vks https://hcservices.ecourts.gov.in/hcservices/ Copy to:- 1.Tamil Nadu Human Rights Commission, Royapettah, Chennai-14. 2. Mr.K.Govindaraj S/o.S.Krishnan 1054/6, Rajeev Nagar 5th Street, Kovilpatti Post, Tuticorin District. W.P.Nos.19789 and 19790 of 2003 and WPMP.Nos.24746 and 24748 of 2003 TRM(CO) DD 04.11.2011. https://hcservices.ecourts.gov.in/hcservices/