ARUN Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) Since common issues arise for consideration in these writ petitions, they are disposed of by this common judgment. For the sake of convenience, unless otherwise expressly indicated, the status of the parties and the exhibits referred to hereinbelow shall be as obtaining in W.P.(C) No.8110 of 2020.

(2.) W.P.(C) No.8110 of 2020 is filed for direction to the Principal Secretary, Department of Home Affairs and the State Police Chief, respondents 1 and 2 respectively, to implement Ext.P2 order of the Kerala State Human Rights Commission ('Human Rights Commission' for short) in H.R.M.P No.10050/2017. W.P.(C) No.9537 of 2020 is filed by the additional 3rd respondent and W.P.(C)No.11599 of 2020 is filed by additional respondents 4 to 9, in W.P.(C)No.8110 of 2020 (suo motu impleaded), challenging Ext.P2 order.

(3.) The facts leading to the filing of the writ petitions are that the petitioner in W.P.(C) No.8110 of 2020, who was working as a Junior Clerk in a Co-operative Bank, was taken into custody by the policemen attached to Haripad police station on 16/10/2017, a hartal day and was subjected to brutal custodial torture and falsely implicated in Crime No.1699/2017 by the then Circle Inspector of Police, the additional 3rd respondent, the Sub Inspector of police, the additional 4th respondent and the additional respondents 5 to 9, policemen. It is stated that, upon being subjected to custodial torture, the petitioner sustained injuries and was admitted to the Medical College Hospital, Alappuzha, and later treated at the Government Hospital, Mavelikkara and Government Ayurveda Hospital, Cheppad. Against the custodial torture, the petitioner's wife preferred the aforesaid complaint before the Human Rights Commission.