VINAYAGAMURTHY Vs. M MURUGESAN

JUDGEMENT

(1.) THIS writ petition has been filed praying for a Writ of Certiorari to call for and quash the proceedings of the second respondent, pertaining to S.H.R.C.C.No.1165/2001/STU, dated 13.7.2004.

(2.) THE petitioner has stated that the first respondent had preferred a complaint before the second respondent Commission, in S.H.R.C.C.No.1165/2001/STU, on 26.2.2001, alleging that on 23.2.2001, at about 10.30 a.m, when the workers were engaged in cutting sugarcane in the field of the complainant, at Anavarthikhanpet, the Sub Inspector of Police, Arakkanom Taluk Police Station and ten other policemen had come to the said place and questioned the complainant, the first respondent herein, with regard to certain persons, who were said to be engaged in illicit distilling of arrack in the nearby lands. When the complainant had replied that he had no knowledge about the said persons, the Sub Inspector Police, Arakkonam Taluk and his men had caught hold of the shirt of the complainant and had taken him to the Arakonam Taluk Police Station, in the police jeep. THEreafter, the complainant was kept in the police lock up allowing him to wear only his undergarment. THE second respondent Commission, having conducted an enquiry, had come to the conclusion that the petitioner, who was the then Sub Inspector of Police, Arakkanom Taluk Police Station, is guilty of committing human rights violations, by forcibly taking the complainant, the first respondent herein, to the police station and by keeping him under custody, only with his undergarment. THErefore, it was held that the petitioner was liable to pay the compensation of Rs.5,000/- to the complainant. It had been stated that the Secretary to Government, Home Department, Chennai, shall recover the said amount, paid by the government, as compensation to the complainant, from the petitioner, from his salary.