LAWS(KER)-2020-8-678

KRISHNANKUTTY A. Vs. KERALA STATE HUMAN RIGHTS COMMISSION

Decided On August 18, 2020
Krishnankutty A. Appellant
V/S
Kerala State Human Rights Commission Respondents

JUDGEMENT

(1.) Instant writ petition is filed for the following reliefs:

(2.) Facts leading to the filing of the writ petition are that, petitioner was an officer in the Kerala Police, who retired in the rank of Assistant Sub Inspector. He was the first respondent in HRMP No.1641/2014 before the Kerala State Human Rights Commission. The 2nd respondent herein was the complainant in the said case. The parties are addressed hereafter in accordance with the sequence assigned to them in the Writ Petition.

(3.) The 2nd respondent has alleged, in the complaint lodged before the Kerala State Human Rights Commission, that on 05.02.2014 at 1 p.m., his son Ajsal and his college friends saw the petitioner, who then was an ASI of Kareelakulangara Police Station, in an inebriated state. Petitioner is alleged to have abused Ajsal as well as his friends using filthy words, caught hold of Ajsal's shirt, wrongfully restrained him and slapped him on both the cheeks. When the onlookers questioned his action, the petitioner made a phone call and then, two police officers came in a jeep. Ajsal was caught by the police and thrown into the jeep. Thereafter, he was taken to the police station. Policemen, including the petitioner, assaulted Ajsal. Subsequently, the policemen went on to foist a case, based on a wrong allegation against Ajsal, obstructing the police from discharging their official duty.