The Hindu : Tamil Nadu / Chennai News : Rights panel order against police officer upheld

Online edition of India's National Newspaper
Thursday, Feb 08, 2007
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Tamil Nadu

Tamil Nadu - Chennai

Rights panel order against police officer upheld

Special Correspondent

He beat up a journalist for publishing a report on a rape case

CHENNAI: Condemning a police officer for having acted as a "private agent of certain vested interests," and beaten up a journalist, the Madras High Court has upheld the State Human Rights Commission (SHRC) order imposing Rs. 25,000 as fine on the officer.

The Vaniyambadi police arrested Shanmugam, editor and publisher of a local Tamil monthly, in June 2005 for publishing a case of rape, which had been registered as a petty offence. He was thrashed in custody.

The arrest was accounted for only a day after he was taken into custody. He was not given proper medical treatment.

After a doctor recorded the injuries, Mr. Shanmugam was shifted to another hospital and kept there without treatment.

Acting on a letter from Mr. Shanmugam's wife, the SHRC investigated the matter. It found T. Loganathan, who later on became Inspector of Police, Kilpauk, guilty and awarded Rs. 25,000 compensation.

Plea dismissed

Dismissing his writ petition challenging the SHRC ruling, the First Bench comprising Chief Justice A.P. Shah and Justice K. Chandru said it was a classic case of a member of the uniformed services acting at the behest of vested interests and causing injuries to others. "In the name of discharging his duties, he has completely forgotten the constitutional values, which were evolved over the years in our struggle against colonialists."

Quoting R.G. Ingersoll, James Weldon Johnson and former Chief Justice of India Y.K. Sabharwal, the Bench said if the SHRC orders were set aside it would defeat the purpose for which the Commission was constituted.

Maintaining that the SHRC's power to award compensation was beyond doubt, the Bench pointed out that the Judges had made a "passionate plea" to the State on the question of the SHRC's inability to implement its own orders and recommendations.

Amendments suggested

The First Bench then directed the Tamil Nadu Government to implement the SHRC order, and recover Rs. 25,000 from the salary of the Inspector. It also asked the Government to consider making necessary amendments in the SHRC Act to provide the Commission with powers to execute its own orders.

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