The Madras High Court Bench here has dismissed a writ petition filed by a police inspector accused of arresting T. Tamilanban, son of the late MLA R. Thamaraikani who represented the Srivilliputtur constituency, and his associate H. Kishore of Andhra Pradesh, and forcing them to sit naked in the Rajapalayam police station in 2000.
Justice D. Hariparanthaman refused to quash an order passed by the Virudhunagar Superintendent of Police (SP) on June 16, 2001 ordering the recovery of Rs.10,000 (paid as compensation to the victims as per the recommendations of the State Human Rights Commission) from the salary of the police inspector S. Seralathan and another police officer.
The inspector had challenged the recovery order before the Tamil Nadu State Administrative Tribunal in 2001. The case was transferred to the High Court in 2006, pursuant to the abolition of the Tribunal, and pending adjudication.
Taking it up for final hearing now, the judge said that he did not find any ground to interfere with the order passed by the SP. The inspector's counsel contended that the recovery order was bad in law as it was passed without giving an opportunity to his client to explain his stand.
Rejecting the contention, the judge said: “Though the submission made by counsel sounds attractive, in my view, the same lacks merit.” He said that the delinquent need not be heard after recommendations made by the SHRC.
The judge also pointed out that the SHRC had directed the State to pay a compensation of Rs.5,000 each to the victims only after going into the issue threadbare pursuant to a complaint lodged with the commission by A. Mahaboob Batcha, managing trustee, Society for Community Organisation (SOCO) Trust, a non-governmental organisation here.