VENKATESAN Vs. TAMIL NADU STATE

JUDGEMENT

(1.) The complaint of the fourth respondent herein before the State Human Rights Commission (hereinafter referred to as "the Commission") is that, on 26/7/2013, at about 11:00 A.M., when he was standing in front of his house, the first petitioner herein took him in his van to Kanagam Police Booth and after stripping him, he was tortured and assaulted by the petitioners with lathi and booted feet. He was thereafter taken to Chemmanchery Police Station at about 03:30 P.M. and again assaulted, followed by registration of a criminal case against him for the offence under Sec. 75 of CP Act read with Sec. 7(1)(a) of CLA Act and thereby remanded him to judicial custody. The fourth respondent was subsequently taken to Government Hospital, Chrompet. However, treatment was not given to him at the instance of the petitioners herein. In this background, he had complained that his constitutional rights have been violated and thus sought for action against the petitioners.

(2.) No oral evidences were adduced on either side. However, the Commission had conducted an investigation under Sec. 14 of the Protection of Human Rights Act, 1993. As per the investigation report, the complainant was arrested on 27/7/2013 and not on 26/7/2013. The Prisoner Search Register had also recorded that there were swollen injuries on the hands of the complainant, apart from contusions in both hands, buttocks and heels, at the time of remand. The Medical Officer of Central Jail, Puzhal, Chennai, had also confirmed the injuries.

(3.) The investigation report records that the petitioners herein were responsible for the injuries found in the body of the complainant and that there was a violation of human rights in this case. When the Commission had summoned the petitioners for their response, they denied of the illegal arrest or torture. According to them, the complainant had been causing disturbance to the public at public road, using obscene words on the street vendors and forcing the shopkeepers to close down their shops and therefore, he was apprehended and remanded, after registration of a complaint.