K.SARAVANAN KARUPPASAMY Vs STATE OF T.NADU .
Bench: T.S. THAKUR,R. BANUMATHI
Case number: W.P.(C) No.-000400-000400 / 2010
Diary number: 35908 / 2010
Advocates: PRASHANT BHUSHAN Vs
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REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 400 OF 2010
K. SARAVANAN KARUPPASAMY & ANR. .Petitioners
Versus
STATE OF TAMILNADU & ORS. ..Respondents
J U D G M E N T
R. BANUMATHI, J.
This writ petition has been filed by the
petitioners seeking a writ of mandamus to initiate an
independent investigation preferably by Central Bureau of
Investigation (CBI) or Special Investigation Team (SIT) into
the incident of alleged beating of students of Dr. Ambedkar
Government Law College, Chennai on 12.11.2008 by some
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miscreants so that criminal proceedings could be initiated
against the guilty police personnel as well as the other
persons responsible for the said incident.
2. Brief facts which led to the filing of the writ
petition are as follows:- A group of students of Dr. Ambedkar
Law College, Chennai belonging to Thevar Community is
said to have pasted posters and pamphlets inside the college
premises in connection with the birthday celebrations of
Pasumpon Muthuramalingam Thevar in which the name of
the law college was printed as “Government Law College”
instead of “Dr. Ambedkar Government Law College”.
Agitated Dalit Students questioned the Non-Dalit Students
which led to wordy altercation between the two groups
culminating in an untoward incident which occurred in the
campus of Dr. Ambedkar Government Law College,
Chennai on 12.11.2008 at about 2.20 P.M. Both the group
of students attacked each other and it is alleged that Non-
Dalit Students (Thevar Students) were brutally beaten by
the other group. Regarding the incident, criminal cases were
registered against both the groups. Few police personnel
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were suspended on the same day and a Commission of
Enquiry headed by a retired High Court Judge was also
appointed which filed its report and the same was accepted
by the State Government and some follow up action was
taken.
3. The petitioners claim to be the President and
Secretary of ‘World Human Rights Commission & Rescue
Centre’ and main aim of their organisation is stated to be
to instil a sense of public awareness about the human
rights and take up cases of gross human rights violations.
Grievance of the petitioners is that though the occurrence
was in front of the Law College in broad day light and a
number of police personnel were present, they did not
intervene to prevent the clashes and the police remained
silent spectators. According to the petitioners, the
delinquent police officials deliberately did not intervene,
only in order to appease their political bosses and the
police personnel were negligent in preventing the incident.
Since there was violation of human rights and dereliction
of duty on the part of police personnel in preventing the
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incident, the petitioners tried to lodge a complaint with the
State Human Rights Commission (‘SHRC’), but SHRC
refused to entertain the same and the petitioner No. 2 was
left with no option, but to file a complaint before the
National Human Rights Commission (‘NHRC’) and a case
bearing No.1492/22/13/08-09/UC was registered with
NHRC. Case of petitioners is that, since the petitioners have
filed complaints before NHRC about the law college incident,
the petitioners are facing considerable harassment at the
hands of the Tamilnadu Police and frivolous cases are
registered against the petitioners and their Organisation
since the petitioners have refused to withdraw the
complaint filed with the NHRC regarding the law college
incident. All the accounts and properties of the Organisation
have been seized by CB CID arbitrarily without following
proper procedure. The petitioners therefore allege that the
investigation in the Law College incident has not been
proceeded with all seriousness and the petitioners seek
independent investigation into the incident of brutal beating
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of students of Dr. Ambedkar Government Law College on
12.11.2008 by an independent agency either CBI or SIT.
4. Upon notice, the State of Taminadu and SHRC
have filed their Status Report/response.
5. Mr. Prashant Bhushan, learned counsel appearing
for the petitioners submitted that since the petitioners filed
complaint against the erring police officials with NHRC and
since petitioners have refused to withdraw the complaint
filed with NHRC, the petitioners are constantly being
harassed by the State Police – Organized Crime Unit (OCU)
and Crime Branch –Crime Investigation Department (CB CID)
and false cases have been registered against the
petitioners. Learned counsel further submitted that OCU
and CB CID police used all kinds of third degree methods
and the first petitioner was brutally beaten not only by the
police but also by rowdy elements and the petitioner and
his family members underwent a great deal of mental
agony, pain and harassment. Drawing our attention to the
Status Report filed by the State, learned counsel submitted
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that in the departmental proceedings, the erring police
officials have been let off either with ‘censure’ or nominal
punishment and the matter has not been proceeded with all
seriousness and urged that the investigation of the Law
College incident on 12.11.2008 be handed over to CBI or
SIT.
6. Mr. Subramanium Prasad, Learned Additional
Advocate General appearing for the State of Tamilnadu
had taken us through the Status Report filed by the State
and submitted that criminal cases were registered against
both the groups of students and accepting the report of
One Man Commission, the State Government initiated
departmental proceedings against the police personnel and
punishments were also imposed on them. It was submitted
that criminal cases are registered against the petitioners
and they are charge sheeted for the offence of cheating and
other offences and petitioners with malafide intention are
linking the law college incident as the cause for registration
of criminal cases against the petitioners by the police and
such an allegation is baseless.
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7. We have also heard Mr. K. Subramanian, learned
Senior Counsel appearing for the intervener/impleaded
respondent - K. Armstrong and Mr. R. Balasubramanian,
learned Senior Counsel appearing for SHRC.
8. Grievance of the petitioners is two-fold:- (i)
alleged inaction or nominal action of the State and the
police and SHRC on the Law College incident on 12.11.2008
and need for an investigation by an independent agency like
CBI and (ii) alleged harassment of the petitioners by the
police and registration of false cases against the petitioners.
9. As per the Status Report filed by the State, on the
complaint of Mr. Ayyadurai (Thevar Community) one of the
injured students, a case was registered as Crime
No. 1371/2008 of B2 Esplanade Police Station under Sections
147, 148, 341, 324, 307 & 506 (ii) IPC against one
Mr. Chithiraiselvan and 40 other students. It is stated that
23 accused students were arrested and sent to judicial
custody and some of the accused surrendered before the
court and they were released on bail and remaining accused
obtained anticipatory bail from the High Court Madras.
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Similarly, on the complaint of Chithiraiselvan (Dalit Student),
a criminal case was registered in Crime No. 1372/2008
against two students in B2 Esplanade Police Station under
Sections 341, 324 and 506 (ii) IPC and the same was
subsequently altered into Sections 341, 324, 307 and 506
(ii) IPC. Those two students who are accused were arrested
and they were released on bail on the direction of the High
Court on 12.1.2009. For the alleged ransacking and
damaging of furnitures and other properties of the Principal’s
Room on 13.11.2008 another case was registered in B2
Esplanade Police Station being Crime No.1374/2008 under
Sections 147, 148 IPC and Section 3(1) of Tamilnadu
Property (Prevention of Damage and Loss) Act, 1992 and 14
accused were arrested who were subsequently released on
bail on 23.12.2008 as per the order of the High Court.
10. As per Status Report filed in this Court on
8.9.2014, in Crime No.1371/2008 charge-sheet was filed
before VIIth Metropolitan Magistrate, George Town, Chennai
on 10.3.2011 and the same was returned for rectification of
certain errors and after rectification it was resubmitted on
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19.5.2011 and the same is yet to be taken on file. In Crime
No.1372/2008, charge-sheet was filed and the same has
been taken on file Case No.29/2011 and the next date of
hearing has been fixed for 9.9.2014. In Crime
No.1374/2008, some of the accused are yet to be
apprehended and the charge-sheet has been filed on
22.3.2011 before VIIth Metropolitan Magistrate, George Town,
Chennai which is also yet to be taken on file.
11. In the Status Report, it is stated that on
12.11.2008, on the same date of incident three officials
namely, (1) Mr. K.K. Sridev, Principal of the Law College and
(2) Mr. K. Narayanamoorthy, Assistant Commissioner of
Police of the Jurisdiction Range and (3) Mr.M. Sekar Babu,
Inspector of Police of B2 Esplanade Police Station were
suspended and four Sub Inspectors of Police who were
working in that area had been transferred to other districts.
Government of Tamilnadu appointed a Commission of
Inquiry headed by Justice P. Shanmugam, a former Judge
of the Madras High Court to inquire into the incident and the
issues referred to by the Government. The Commission
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submitted its report on 8.6.2009 to the Government and
accepting the recommendations of the Commission,
departmental action was initiated against three police
personnel viz. (1) Mr .K. Narayanamoorthy, Assistant
Commissioner of Police; (2) Mr. M. Sekar Babu,
Inspector of Police and (3) Mr. E. Perumal, Sub
Inspector of Police. After completing the inquiry against the
police officers concerned, report was submitted to the
Government and matter was pending before the Home
Department for final decision for quite sometime. By Order
dated 29.4.2011, this Court directed the respondents to
ensure that the final orders are passed before the next date
and the State was directed to file Status Report with regard
to the entire situation. In furtherance of direction of this
Court, the State filed a further Status Report stating that
Government accepted the findings of the Inquiry Officer and
imposed punishment of ‘censure’ to Mr. Narayanamoorthy,
Assistant Commissioner of Police in G.O. (2D) No. 217
Home (Police-2) Department dated 18.6.2013 and
(2) Mr. Sekar Babu, Inspector of Police in G.O.(2D) No.218
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Home (Police-2) Department dated 18.6.2013. Insofar as
Mr. E. Perumal, Sub Inspector of Police, the Government
proposed to impose punishment of cut in pension at the rate
of Rs.200/- per month for two years under Rule 9 of the
Tamilnadu Police Rules and the said police officer has been
called upon to show cause against the proposed punishment.
12. Mr. Prashant Bhushan, learned counsel appearing
for the petitioners submitted that even though there was
grave dereliction of duty on the part of the police
personnel, there had been inconsequential departmental
action and only nominal punishment of censure was
imposed on two police officers and in case of another police
officer Mr. E. Perumal, Sub Inspector of Police, the
Government proposed to impose meagre punishment of cut
in pension at the rate of Rs. 200/- per month for two years
(Rs. 4,800/- in all) and thus in effect no punitive action has
been taken against the police personnel commensurate
with their grave dereliction of duty, which only shows the
reluctance on the part of the State in pursuing the matter
with all seriousness. Insofar as criminal cases registered
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regarding the incident, the learned counsel submitted that
in two cases charge-sheets are yet to be taken on file and
urged that in order to have a fair investigation, the matter
be entrusted to CBI/SIT for further investigation. Learned
counsel submitted that it is in this backdrop of the inaction
on the part of State, petitioners chose to move SHRC and
since SHRC had not promptly responded, petitioners moved
NHRC for which, the petitioners have been harassed and
false cases have been registered against the petitioners. 13.
Mr. R. Balasubramanian, learned senior counsel
appearing for SHRC submitted that the SHRC was then
headed by a retired Chief Justice of the High Court and the
petitioners are not justified in making baseless allegation
against SHRC for not taking immediate action. The learned
counsel submitted that since the State Government
appointed Commission of Inquiry headed by a retired High
Court Judge, SHRC did not vigorously pursue the matter, as
it would have amounted to holding a parallel inquiry by
SHRC.
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14. We have perused few video clippings produced
before us and report of the Commission of Inquiry. But we
are refraining from entering into the details thereof, lest, it
may prejudice any party. By a perusal of the Status Report
and other materials, we feel that the matter was not
proceeded with seriousness with which it ought to have
been proceeded with. For instance, the main accused K.
Armstrong in Crime No.1371/2008 was not arrested for
long time and was shown as an absconder in the final
report though he is stated to be a practising
advocate and also a contesting candidate in the election.
On 8.2.2011, the matter was brought to the notice of this
Court and only after the order was passed by this court,
accused K. Armstrong was arrested on 1.5.2011 who was
subsequently released on bail on 4.5.2011. Likewise in two
criminal cases charge-sheets are yet to be taken on file and
some of the accused are yet to be apprehended and trial is
yet to commence.
15. Insofar as contention of Mr. Bhushan to entrust
the matter for further investigation to CBI/SIT is concerned,
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time and again, it has been reiterated by this Court that
such an order to conduct investigation by CBI is not to be
passed as a matter of routine merely because the party has
levelled allegations against the local police. The extra-
ordinary power in handing over investigation to CBI must be
exercised cautiously and in exceptional circumstances. In
State of West Bengal & Ors. vs. Committee for Protection of
Democratic Rights, West Bengal & Ors., (2010) 3 SCC 571,
a Constitution
Bench of this Court held as under:-
“70. Before parting with the case, we deem it necessary to emphasise that despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, the Courts must bear in mind certain self-imposed limitations on the exercise of these Constitutional powers. The very plenitude of the power under the said Articles requires great caution in its exercise. Insofar as the question of issuing a direction to CBI to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but time and again it has been reiterated that such an order is not to be passed as a matter of routine or merely because a party has levelled some allegations against the local police. This extra- ordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instil confidence in investigations or where the incident may have national and
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international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. Otherwise CBI would be flooded with a large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations.”
16. Legal education has a direct impact on the
prestige of the legal profession. It is a matter of concern
that such an unfortunate incident should have happened
within the precincts of Law College, Chennai which has
produced many eminent lawyers and legal luminaries. We
feel that the matter should have been addressed by the
police and the State with great concern and promptitude.
Though the matter was not proceeded in the way in which it
should have been proceeded with, we feel that at this
distant point of time, it is not necessary to hand over the
investigation to CBI or to SIT. The reason being criminal
cases have been registered and charge-sheets are also filed
and departmental action was also initiated against the police
personnel and punishment though may be nominal was
imposed on those police personnel. Since charge-sheets in
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all three cases have already been filed before the VIIth
Metropolitan Magistrate Court, George Town, Chennai, one
of which is already taken on file, in our view, it would
suffice if we direct the VIIth Metropolitan Magistrate Court,
George Town, Chennai to proceed with the matter
expeditiously.
17. Learned counsel for petitioners Mr. Prashant
Bhushan laid scathing attack on SHRC and submitted that
SHRC was impervious to the incident as well as
harassment to the petitioners and SHRC did not promptly
take steps regarding Law College incident. Learned counsel
also submitted that the office of a Chairperson of
Tamilnadu State Human Rights Commission has been
remaining vacant for more than three years.
18. Insofar as the grievance of the petitioners on the
non-taking of action by SHRC, the learned counsel for
SHRC submitted that the office of Chairperson of SHRC is
lying vacant since August 2011 and SHRC was finding it
difficult to take follow up action. Having regard to the said
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submissions, we have asked the State of Tamilnadu to file its
response as to the non-filling up of the office of Chairperson
of SHRC and the State has filed its Status Report on
8.9.2014 with regard to the appointment of Chairperson to
SHRC.
19. In the Status Report, it is stated that office of
Chairperson, Tamilnadu State Human Rights Commission has
been lying vacant since 27.8.2011 due to non-availability of
suitable candidates. It is stated that in response to the
request of the State Government, High Court of Madras has
sent the list of retired Chief Justices who were the Former
Judges of the Madras High Court along with their date of
birth and their present addresses. According to the State,
in the list sent by the Registrar General, High Court of
Madras most of the candidates are either already appointed
to different Appellate Tribunals or equivalent post outside
Tamilnadu or have attained the age limit of 70 years or not
having any familiarity with the language and culture of
Tamilnadu and it was almost impossible to find a suitable
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candidate for the post of Chairperson, SHRC, Tamilnadu. It is
stated that in terms of Section 25(1) of the Protection of
Human Rights Act 1993, Order dated 4.12.2013 was issued
to Ms. Jayanthi, IAS (Retd.) Member to act as the Chairperson
in State Human Rights Commission, Tamilnadu until the
appointment of a new Chairperson to the Commission. It is
further stated that in this regard Government of Tamilnadu
has proposed to Government of India that a suitable
amendment to Section 21(2)(a) of Protection of Human
Rights Act, 1993 (for short ‘the Act’) could be made to make
eligible retired Judges of High Court with a minimum
experience of seven years as a Judge of the High Court for
the post of Chairperson, SHRC, Tamilnadu and such proposal
is under consideration of the Government of India. Status
Report filed by the State refers to various letter
correspondence by the State with Union of India in this
regard.
20. We do not wish to go into the niceties of the
proposal made by the State of Tamilnadu requesting for
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suitable amendment to Section 21(2)(a) of the Act. We
confine our focus only with regard to the vacancy of
office of Chairperson, SHRC remaining vacant for quite
some time.
21. Protection of Human Rights Act 1993 has been
enacted to provide for better protection of human rights by
constituting a National Human Rights Commission and also
State Human Rights Commission and Human Rights Courts.
Section 2(1)(d) of the Act defines “human rights” as the
rights relating to life, liberty, equality, dignity of the
individual guaranteed by the Constitution or embodied in
the International Covenants and enforceable by courts in
India. The above rights are traceable to Part III of the
Indian Constitution guaranteeing Fundamental Rights and
particularly Articles 14, 19, 20, 21, and 22. Chapter V of
the Act consisting of Sections 21 to 29 deals with the
constitution of State Human Rights Commission and its
functions thereto. State Commission consists of a
Chairperson who has been a Chief Justice of a High Court
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and four Members. The Act has put in place various
remedial measures for prevention of any human rights
violations and confers power upon the NHRC/SHRC to
inquire suo motu or on a petition not only of violations of
human rights or abetment thereof or even negligence
exhibited by a public servant in preventing such violations.
The statute has conferred wide range powers upon
NHRC/SHRC. The Commission is therefore required to be
constituted with persons who have held very high
constitutional offices earlier so that all aspects of good and
adjudicatory procedures would be familiar to them. Having
regard to the benevolent objects of the Act and the
effective mechanism for redressal of grievances of the
citizens against human rights violations, the office of
Chairperson of SHRC cannot be allowed to remain vacant for
a long time. State of Tamilnadu has always shown zero
tolerance towards human rights violations and has always
sent clear message of its commitment towards protection
of human rights. We see no reason as to why the post of
Chairperson, SHRC which is to be headed by a person who
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has been the Chief Justice of a High Court should remain
vacant for more than three years. In our view, pending the
State Government’s request for amendment to Section
21(2)(a) of the Act which process will take long time, it will
be in order if the State of Taminadu takes steps to fill up the
vacancy of the post of Chairperson, SHRC, Tamilnadu in
terms of Section 21(2)(a) by constituting a Search
Committee at an early date.
22. So far as the grievance of the petitioners as
regards registration of false cases against them is
concerned, it is stated that on the complaint lodged by
Reception Officer of the Circuit House Coimbatore, a criminal
case has been registered against the first petitioner in
Crime No. 191/2009 in B4 Race Course Police Station,
Coimbatore City under Section 420 IPC. Organized Crime
Unit (OCU) CB-CID has registered a case Crime No.1/2009
against the petitioners on the complaint of one
Krishnakumar for the alleged act of cheating. In both the
cases, charge-sheets have been filed before the Chief
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Judicial Magistrate Court, Coimbatore which were taken on
file in CC 84/2010 and 83/2010. Both the petitioners have
filed quash petitions under Section 482 Cr.P.C.
before the High Court of Madras to quash the charges
against them in Criminal O.P.Nos.14609 & 14610/2011 and
14611 & 14612 /2011 and obtained interim stay and quash
petitions are stated to be pending. Since the petitioners
have already filed petitions under Section 482 Cr.P.C., the
petitioners are at liberty to raise all contentions before the
High Court in those petitions filed by them.
23. This writ petition is disposed of directing the
VIIth Metropolitan Magistrate Court, George Town, Chennai
to immediately take the cases on file relating to the Law
College incident and expedite the trial and dispose of the
cases expeditiously in accordance with law within a period of
one year. The VIIth Metropolitan Magistrate shall file report
regarding the progress of the cases to the High Court once in
two months and we request the High Court to monitor the
progress of the cases. In view of our discussion in para (21),
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the State of Tamilnadu would do well if it takes appropriate
steps to fill up the vacancy of the Chairperson, SHRC,
Tamilnadu expeditiously.
……………………………J. (T.S. Thakur)
……………………………J. (R. Banumathi)
New Delhi; September 16, 2014
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