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Dr. Ambedkar Government Law College, Chennai incident – criminal cases registered against both groups – complaint to SHRC – as SHRC refused to entertain – NHRC registered the case – as such police harassing the petitioners and hoisted false cases against their organisation as they refused to withdraw their complaint before NHRC- Writ of mandamus – Apex court held that 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), the State of Tamilnadu would do well if it takes appropriate steps to fill up the vacancy of the Chairperson, SHRC, Tamilnadu expeditiously.= WRIT PETITION (CIVIL) NO. 400 OF 2010 K. SARAVANAN KARUPPASAMY & ANR. .Petitioners Versus STATE OF TAMILNADU & ORS. ..Respondents = 2014 – Sept. Month – http://judis.nic.in/supremecourt/filename=41917

Dr. Ambedkar Government Law College, Chennai incident – criminal cases registered against both groups  – complaint to SHRC –  as SHRC refused to entertain – NHRC registered the case  – as such police harassing the petitioners and hoisted false cases against their organisation as they refused to withdraw their complaint before NHRC- Writ of mandamus –  Apex court held that 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), the  State  of  Tamilnadu  would  do well  if  it  takes  appropriate  steps  to  fill  up  the  vacancy  of  the

Chairperson, SHRC, Tamilnadu expeditiously.=

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 miscreants  so  that    criminal  proceedings  could  be  initiated

against  the  guilty  police   personnel  as  well  as   the  other  persons

responsible for the said incident. =

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 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. =

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 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  of students  of  Dr.  Ambedkar  Government  Law

College on 12.11.2008 by  an independent agency either CBI or SIT. =

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.=

We see no  reason as to why the post of Chairperson, SHRC which  is

to be headed by a person who 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  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), the  State  of  Tamilnadu  would  do

well  if  it  takes  appropriate  steps  to  fill  up  the  vacancy  of  the

Chairperson, SHRC, Tamilnadu expeditiously.

2014 – Sept. Month – http://judis.nic.in/supremecourt/filename=41917

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 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 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 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 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 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.
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. 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 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 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 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 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.
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, 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 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
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 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 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 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 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 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 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), 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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