L.MURUGANANTHAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Challenge in both the Writ Petitions is to the order of the State Human Rights Commission dtd. 27/8/2021, upholding the claim of the petitioner in WP 22431 of 2021 that the action of the second respondent in arresting him in violation of the guidelines of the Hon'ble Supreme Court in Shri D.K. Basu -vs- State Of West Bengal and Ashok K. Johri -vs-State Of U.P, reported in 1997 (1) SCC 416, and in Arnesh Kumar v. State of Bihar and another, reported in (2014) 8SCC 273, amounts to violation of Human Rights and directing payment of compensation of Rs.1,00,000.00 to the petitioner in WP 22431 of 2021.

(2.) While the petitioner in WP No.22431 of 2021 would claim more compensation, the petitioner in the other Writ Petition, viz., WP No.22527 of 2021 would contend that there was no human rights violation, the arrest was just and proper and as such the order of the State Human Rights Commission, imposing penalty and a further direction to take disciplinary proceedings against him are not justified. Since the order under challenge in the both the Writ Petitions is one and the same, the Writ Petitions are heard together and disposed of by a common judgment.

(3.) The case of the petitioner in WP 22431 of 2021 is that he is a physically challenged person affected with Becker's Muscular Dystrophy which is a progressively worsening locomotive disability. As per the assessment made in the year 2020, the extent of disability of the petitioner is about 80%. He has also been certified to be a physically disabled person entitled to protection under the Rights of Persons with Disability Act, 2016. This being so, the second respondent in the said Writ Petition, who was the Sub Inspector of Police in Dharapuram Police Station at the relevant point of time, arrested him on 29/2/2020 at about 10.15 a.m. on the basis of a false complaint lodged by one K.Selvakumar, a henchman of the petitioner's paternal uncle Dhandapaani, in order to settle scores with him for a civil dispute that is pending in the Civil Court. Despite being a physically challenged person, the petitioner was harassed by the Police and was beaten up. He was also slapped by the second respondent.