VELUMANI GANDHI Vs. KAILASAM

JUDGEMENT

(1.) THIS revision has been preferred against the order passed by the learned Human Rights Judge (District & Sessions Judge), Coimbatore.

(2.) ACCORDING to the revision petitioner, the petition filed by him under C. M. P. No. 3902 of 2003 under Section 2(d) of the Protection of Human Rights Act, 1993, was dismissed by the learned Human Rights Judge without considering the facts stated therein and also without examining the witnesses cited under the complaint.

(3.) THE facts of the case cited in 1957 MLJ 157 (P. S. Ramaswami Nadar Vs. R. Viswanathan and another) differs from the facts of the case on hand because even though the complainant has furnished the list of witnesses in his complainant, he has not filed any memo before the trial Court to show that both the witnesses were present on the day of recording his statement i. e. , on 03. 11. 2003. In this case no order of dismissal was passed after recording the sworn statement by the learned Human Rights Judge. On 3. 11. 2003 the learned Judge has adjourned the case after recording the sworn statement of the complainant to 4. 11. 2003 and also from 4. 11. 2003 to 7. 11. 2003 and subsequently to 10. 11. 2003, on which date only the learned Human Rights Judge has passed the impugned order, which is under challenge in this revision. It is not the case of the complainant that in spite of his information to the learned Human Rights Judge, about the availability of the other two witnesses on 3. 11. 2003, 4. 11. 2003, 7. 11. 2003 and also on 10. 11. 2003, the learned Judge ignoring the representations made by the complainant refused to examine the witnesses who were available in the Court, and passed an order of dismissal. It is pertinent to note from the list of the witnesses furnished by the complainant in the complaint that the second witness is an advocate viz. Mrs. THEnmozhi. It is no where stated in the complaint that in the presence of those two witnesses cited in the complaint the learned Human Right Judge has passed an order of dismissal.