IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 12575 of 2010(V) -------------------------- PETITIONER(S): --------------- STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER RESPONDENT(S): --------------- NATIONAL HUMAN RIGHTS COMMISSION, REPRESENTED THROUGH ITS SECRETARY GENERAL, FARIDKOT HOUSE,COPERNICUS MARG,NEW DELHI-100 001. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 12575 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th day of June, 2010. J U D G M E N T A person committed suicide while he was in police custody. The matter was referred to the National Human Rights Commission, who passed Ext. P8 order, whereby the Commission found that the State Government is liable to pay compensation to the kin of the deceased person since there was negligence on the part of the police personnel on guard duty which amounts to violation of human rights. The primary contention raised by the State, who is the petitioner in this writ petition, is that Exts.P7 and P8 orders have been passed without hearing the State. There is nothing in Exts.P7 and P8 to show that the State has been heard before passing those orders. Therefore, I am of opinion that the National Human Rights Commission should pass fresh orders, after hearing the State. Accordingly, the impugned orders are quashed. The respondent is directed to re-consider the matter and pass fresh orders, after affording an opportunity of being heard to the State. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.