HC stays SHRC proceedings on prisoner’s death

HC stays SHRC proceedings on prisoner’s death
&#13

Chennai, Dec 1 (PTI): The Madras Superior Court on Wednesday stayed all further proceedings in the death of an accused in the murder of a techie, pending right before the Tamil Nadu Condition Human Rights Fee (SHRC) in this article.

A Division Bench of Justices K Kalyanasundaram and V Sivagnanam granted the injunction when entertaining a writ petition from R Anbalagan, the then Superintendent of the Central Jail-II in Puzhal, in search of to remain the proceedings and the summons issued by the SHRC. The principal prayer was to quash the overall proceedings.

Swati (24), a techie was murdered at the Nungambakkam railway station in 2019, and the law enforcement arrested Ramkumar, who allegedly stalked her, in link with the crime. He later on died allegedly by suicide by biting a dwell wire while in jail in Puzhal and the SHRC took cognizance of the similar by by itself and initiated the proceedings in 2020.

Anbalagan, who was the then Superintendent of the prison, contended that the summons issued by the SHRC to him and other people are ex-facie illegal, contrary to regulation and the points of the situation. It experienced failed to analyze the human legal rights violations but conducted the proceedings to come across out the trigger of demise of the prisoner Ramkumar, who was the principal accused in the circumstance. The circumstance was already concluded on the foundation of the enquiry performed by the Judicial Justice of the peace-II in Tiruvallur as per the statutory provisions. The Fee experienced taken cognizance of the scenario only on September 10, 2020, a great deal after the statutory limitation period of time of one particular calendar year, as for every Section 36(2) the Protection of Human Rights Act,1993 and Regulation 9 of the National Human Rights Fee (Procedure) Regulations,1994. For that reason, the Fee is barred by limitation to conduct any enquiry including probe on its possess into the issue. It has no powers to condone the hold off, he contended.

The Countrywide Human Rights Fee had by now taken cognizance of the difficulty and after investigation, closed the subject in May, 2020. Consequently, the current proceedings by the Point out device are expressly barred as per Segment 36(1) the Defense of Human Legal rights Act,1993.

Additionally, the Judicial Justice of the peace-II in Tiruvallur experienced presently carried out a statutory enquiry below Segment 176 (1-A) of CrPC and submitted her results as suicidal in character by electrocution. That’s why, the Commission simply cannot carry out a further enquiry.

Primarily based on the request Ramkumar’s father, a 5-member group of doctors and yet another from AIIMS in New Delhi experienced performed the submit-mortem and their unanimous selection in any celebration cannot be questioned at this size of time. The selection of the functus officio becomes closing and hence, the same is not subject to the jurisdiction of the SHRC, petitioner contended.

(This story has not been edited by Devdiscourse staff and is auto-produced from a syndicated feed.)

Ferne Dekker

Learn More →