Case Note & Summary
The petitioner, who was facing 14 criminal cases, filed a complaint before the Tamil Nadu State Human Rights Commission alleging improper investigation by the police in a criminal case. He had earlier filed a similar complaint (SHRC No.5205/2019) which was dismissed after enquiry on 15.06.2022. The second complaint dated 28.08.2021 was registered as SHRC Case No.6932 of 2022. The Commission forwarded the complaint to the Inspector General of Police, West Zone, Coimbatore, with a direction to conduct an enquiry and send a report. The Deputy Inspector General of Police, Salem was appointed as enquiry officer and submitted a report. The Commission, after elaborately considering the report, found that the respondents had acted in accordance with law and not violated the human rights of the complainant. Since the Commission found no merit in the case, it closed the complaint. The petitioner then approached the High Court under Article 226 of the Constitution seeking a writ of certiorarified mandamus to quash the Commission’s order dated 16.09.2024 and to direct a fresh enquiry on his original complaint. The High Court examined the material and noted that the allegation pertained to improper police investigation and that the Commission had rightly referred the matter to higher police authorities. The report of the Deputy Inspector General of Police was considered and found satisfactory by the Commission. The court held that there was no reason to interfere with the Commission’s order. It further observed that the petitioner was already facing multiple criminal cases, though this fact did not directly influence the legal reasoning. The writ petition was dismissed without costs.
Headnote
A) Human Rights - State Human Rights Commission Enquiry - Improper Police Investigation - The Protection of Human Rights Act, 1993 - The Commission upon receiving a complaint about improper police investigation referred the matter to higher police authorities for enquiry. After considering the enquiry report, the Commission found that the respondents had acted in accordance with law and no human rights were violated. Held, the High Court under Article 226 would not interfere with the Commission’s closure order in the absence of any illegality. (Paras 1-3)
Issue of Consideration
Whether the order of the Tamil Nadu State Human Rights Commission closing the complaint of improper police investigation in SHRC Case No.6932/2022 dated 16.09.2024 is liable to be quashed and a fresh enquiry directed?
Final Decision
The writ petition is dismissed with no order as to costs. The High Court upheld the Commission's order, finding no reason to interfere.
Law Points
- Legal points not extracted
- State Human Rights Commission has power to refer allegations of improper police investigation to higher authorities for enquiry
- High Court under Article 226 will not interfere with Commission's closure order based on satisfactory enquiry report unless perversity or illegality shown
