‘Police inquiries aren’t human right issues’

CHENNAI: Even though there are instances of police harassment during investigation, every instance of a casual police inquiry could not be termed as a human rights violation, said a division bench of the Madras High Court.

Allowing a petition filed by an Assistant Commissioner-rank officer Lakshmanan, the bench of Justices VM Velumani and R Hemalatha opined that though police need to exercise caution, they could not be accused of human rights violations at the drop of a hat which would put the force in defence mode.

The officer had sought a direction to set aside a 2019 order by the State Human Rights Commission (SHRC), directing him to pay Rs 25,000 compensation to a person whom he allegedly harassed.

The complainant, Ramesh, alleged that when he approached the Assistant Commissioner seeking help to retrieve the money he loaned to one Sumithi Challani, the officer forced him to surrender the original document and RC book of his Mercedes Benz car. Ramesh later approached the SHRC alleging harassment by the officer.

The court noted that the complainant had not claimed to have been illegally detained or subjected to any mental harassment or torture. “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 judges said. The bench further noted that public awareness was also lacking, as they do not differentiate between civil and criminal matters.

“More sensitisation of the police force in such matters is required. The police force plays 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 violations at the drop of a hat. It may turn out to be a demoralising factor to the entire police force,” the court ruled.