The Madras High Court has upheld the decision of the Tamil Nadu State Human Rights Commission (SHRC), which directed the State Government to pay ₹1,00,000 as compensation to a man who was allegedly tortured and humiliated in police custody. The compensation, as per the SHRC order, is to be recovered from the responsible police officers, D. Babu Rajendra Bose and S. Mani.

This Court is of the view that the police officials have a critical role in maintaining the law and order, while upholding human rights. Their duties include protecting citizens, upholding the laws, and maintaining tranquility. The police officials must respect human dignity, avoid discrimination and protect vulnerable groups. The police officials must adhere to human rights standing orders to build trust, prevent abuse and promote accountability. By upholding human rights, police officials shall effectively perform their duties while respecting citizen's fundamental rights and dignity, the Court stated.

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The case stemmed from a complaint filed by one Mr. Rajinikanth, who alleged that he was falsely implicated in a case under Section 420 IPC and was arrested by Puzhal Police on December 20, 2013. He claimed that he was taken into custody around 3 AM and was subjected to custodial torture, including being forced to remove his clothes, physical assault, and extortion of gold ornaments. He further alleged that instead of being taken directly to prison after his remand, he was taken to a secluded place near Puzhal Police Station and brutally assaulted again.

He raised the issue before various authorities, including the Commissioner of Police and filed petitions seeking proper medical treatment and the return of his seized valuables. His complaints and supporting evidence were taken up by the State Human Rights Commission under SHRC Case No. 9744 of 2013.

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The SHRC, after examining testimonies and documents from both the complainant and the accused police officials, concluded that there had indeed been a violation of Rajinikanth’s rights, personal liberty, and dignity. It recommended that the Government pay ₹1,00,000 as compensation and recover it equally from the two responsible officers. This recommendation was accepted by the Government via G.O.(D).No.987 dated July 14, 2022.

However, the Court found no merit in the officers’ petitions. It noted that the officers had not challenged the SHRC order until after the Government issued its official order, accepting the recommendation. The Court emphasized that the SHRC’s recommendations, made under Section 18 of the Protection of Human Rights Act, 1993, are binding and enforceable, citing the Full Bench judgment in Abdul Sathar v. Principal Secretary to Government.

The Court highlighted that Rajinikanth had complained about the torture at the time of his remand and that the police failed to provide proper medical documents before the Magistrate. An outpatient receipt presented later lacked a doctor's signature and hospital seal, undermining the officers' claims of medical examination.

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Refusing to interfere with the SHRC’s order, the Court dismissed both writ petitions, reaffirming the SHRC’s directive and the Government’s decision to recover compensation from the two police officials.

Counsel for Petitioner: Mr. M. Rajasekar

Counsel for Respondents: Mr. T. C. Gopalakrishnan, Mr. M. Venkateshwaran Spl.GP, Mr. M. Babu Muthu Meeran

Case Title: D Babu Rajendra Bose and Another v. The Tamil Nadu State Human Rights Commissioner and Other

Case No: WP.Nos.4569 of 2023 & 17866 of 2024