IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 2324 of 2004(B) ---------------------- PETITIONER(S): ----------------------- 1. R.K.JAYARAJAN, CIRCLE INSPECTOR OF POLICE (UNDER SUSPENSION) RAMANKULATH HOUSE, KOTTANALLUR P.O., IRINJALAKKUDA. 2. P.D.RADHAKRISHNA PILLAI, C.I.OF POLICE, UNDER SUSPENSION, PALATH HOUSE, MANIMALA KOTTAYAM. 3. M.MUHAMMED HUSSAN, S.I. OF POLICE (UNDER SUSPENSION), THODIYIL HOUSE, MATHRA P.O., PUNALUR, QUILON. 4. PRAMOD KUMAR, S.I. OF POLICE (UNDER SUSPENSION), FOUR WISHES, SOORYA NAGAR, MANNANTHALA P.O., TRIVANDRUM. 5. B.MURALEEDHARAN NAIR, S.I. OF POLICE (UNDER SUSPENSION), KRISHNA VIHAR, T.C.5/2163 (1), MAHARAJA GARDENS, KOWDIAR P.O., TRIVANDRUM. 6. R.RADHAKRISHNAN NAIR, S.I.OF POLICE (UNDER SUSPENSION), VAISHNAVAM, THATCHOTTUKAVU, MALAYINKIL, TRIVANDRUM. BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HOME (H) DEPARTMENT, TRIVANDRUM. 2. KERALA HUMAN RIGHTS COMMISSION, TRIVANDRUM N.P.APPAN ROAD, VAZHUTHAKKAD, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. R1 BY GOVERNMENT PLEADER SRI. T.K. ARAVIND KUMAR BABU R2 BY ADVS. SRI.M.A.FIROZ SRI.C.S.ULLAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 2324 of 2004(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE GO(RT)NO. 2401/2003/HOME DATED 11-12-2003. EXT.P2 : COPY OF THE REPORT IN HRMP NO. 2800 OF 2003 OF THE STATE HUMAN RIGHTS COMMISSION DATED 21-11-03. EXT.P3 : COPY OF THE REPORT SUBMITTED BY THE SUPDT. OF POLICE FORWARDED TO THE 2ND RESPONDENT AS PER LETTER DATED 28-10-2003. EXT.P4 : COPY OF THE ORDER NO. 1942/2003/HOME DATED 13-10-2003. EXT.P5 : COPY OF THE ORDER DGO NO. 859 OF 2003 DATED 25-10-2003. EXT.P6 : COPIES OF THE REPRESENTATIONS FILED BY THE PETITIONERS AND THE OFFICERS ASSOCIATION. EXT.P7 : COPY OF THE JUDGMENT IN WP(C) 26355 OF 2004 DATED 28-5-2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 2324 of 2004 B ``````````````````````````````````````````````````````` Dated this the 24th day of January, 2011 J U D G M E N T Challenge in the writ petition was against Exts.P1 and P2. Ext.P2 is the report submitted by the Kerala State Human Rights Commission, on the basis of which the petitioner was placed under suspension by Ext.P1 order. During the pendency of the writ petition, suspension has been revoked and, therefore, the challenge against Ext.P1 does not survive for consideration. 2. In so far as Ext.P2 report of the Commission is concerned, along with I.A.No.1165/2011, petitioner has produced the judgment of this Court in W.P.(C) No.26355/2004, filed by another person, who was also aggrieved by Ext.P2 report. In that judgment, this Court held that Ext.P2 report is bad for not hearing the affected parties as required under Section 16 of the Protection of Human Rights Act, 1993 and quashed the same. In ground No.3 of W.P.(C) No.2324/2004 : 2 : his writ petition, petitioner has also raised this contention. In the counter affidavit filed, this contention is answered as a matter of procedural violation. 3. Now that this contention has been accepted and the report has been set aside in the judgment referred to above, necessarily, for the same reason, this writ petition also deserves to be allowed. Accordingly, the writ petition will stand allowed, reserving the liberty of the Commission to proceed afresh against the petitioner in accordance with law. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge