Blog

The Madras High Court passed a judgement on 8^th of February, 2023in which it voiced its concern about every incident in a police station being reported as a human rights violation. This was seen in the case of Lakshmanan v. The Secretary, SHRC (WP No.17619 of 2021 and WMP No.18752 of 2021) and the case was presided over by The Honourable Justice VM Velumani and The Honourable Justice R. Hemalatha

FACTS OF THE CASE:

The respondent had approached the police station to solve his grievance and was taken to the Asst. Commissioner of Police. Later, the respondent filed a case against the latter in the State Human Right Commission claiming that the police colluded with the third party and forced him to agree to a settlement for some debt due to him. The SHRC found the Asst. Commissioner guilty and directed him to pay compensation. He now has filed a plea in the High Court to quash the same.

JUDGEMENT:

Facts regarding the behaviour of the respondent of coming to the police station often for trivial matters and scaring his debtors being common was revealed. He was a creditor and his grievances were solved in the station accordingly. There were no human rights violations. The court after hearing both sides decided to quash the order of the SHRC.

They expressed that there are indeed human rights violations that happen in police stations but if every instance of casual police inquiry is treated as human right violations the police cannot carry out their duties properly. The police should not be accused of human rights violations at the drop of the hat as this could be demoralizing for the entire police force.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

JUDGEMENT REVIEWED BY SWETA SHOUMYA