Every Instance Of Casual Police Enquiry Cannot Be Termed As Human Rights Violation: Madras High Court

The Madras High Court has recently observed that though there are instances of human rights violation in police stations, every instance of casual police enquiry cannot be termed as a Human Rights Violation.The bench of Justice VM Velumani and Justice R Hemalatha noted that accusing police officers of human rights violation at the drop of a hat may be demoralising for the entire police force.Police force play a vital role in maintaining law and order. Though they need to exercise caution while handling such cases, they cannot be accused of human rights violation at the drop of a hat. It may turn out to be a demoralising factor to the entire police force.The court added that the public used to approach police stations for all kinds of cases including civil and criminal and that much sensitisation was necessary amongst the public and the police force.The awareness amongst public is also lacking. They do not differentiate between civil and criminal matters. More sensitisation of the police force in such matter is required.The court was hearing a plea by an Assistant Commissioner of Police Lakshmanan challenging the order of the State Human Rights Commission directing him to pay Rs. 25,000 to a man and also ordered departmental action against him.The SHRC order was made in a complaint made by one Ramesh wherein Ramesh had contended that the petitioner had colluded with third parties and forced him to arrive at a settlement with respect to some money that was pending towards him.Lakshmanan argued that he had merely called the complainant to the station with respect to a complaint and had not conducted any "Katta Panchayat" as alleged by Ramesh. He further submitted that he was aware that all civil disputes were to be adjudicated upon only by statutory courts.The court was also informed that the said Ramesh was in the habit of approaching different police stations with different lawyers and insisting on registering FIRs.The court noted that there was no allegation of mental harassment or torture or Ramesh being illegally detained. Thus, it could not be said that there was human rights violation.Public visit police stations even for trivial issues of civil nature and at times truce is arrived at the stations. Therefore, without any allegations of harassment or threat by the police, such conclusions regarding human rights violations as concluded by the State Human Rights Commission, Chennai, would put the entire police force on defence mode.The court added that Ramesh was only a creditor and his grievances were ultimately resolved. Thus, concluding that the present case did not involve human rights violation, the court quashed the order of the SHRC.Case Title: Lakshmanan v. The Secretary SHRCCitation: 2023 LiveLaw (Mad) 59Click here to read/download the judgment

Every Instance Of Casual Police Enquiry Cannot Be Termed As Human Rights Violation: Madras High Court

Upasana Sajeev

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