Action against police for malicious prosecution
A.Mohamed Thaheer
(Querist) 19 May 2009
This query is : Resolved
What criminal action could be taken against the police officers who filed a case of malicious prosecution? (after getting discharged from the court)
Whether, I can file a case for compensation before the Human Rights Commission, for the deprivation of my personal liberty under article 21 of the constitution? Is there any Jurisdiction for the Human Rights Commission for taking such type of cases 0n file for consideration?
Guest
(Expert) 20 May 2009
For malicious prosection, you can certainly file a civil case. I do not know whether any criminal jurisdiction lies.
But one thing is sure. Do not approach the Human Rights Commission. They are good for nothing. Their track record shows how teethless they are.
B.B.R.Goud.
(Expert) 20 May 2009
can file a case for compensation before the Human Rights Commission, for the deprivation of my personal liberty under article 21 of the constitution.
also can file a case under Sec 500 of IPC.
Mr Prabhakar, it is very bad to comment HRC.
no one shall ignore or devalue or gegrade the human rights commission, behind which a lot of story of facts and experience across the globe,which is an offence to comment the judiciary bodies.
Guest
(Expert) 20 May 2009
Mr. Goud,
Why I have been commenting against National Human Rights Commission is that I have a very bitter experience. In one case, I continuously spent a week in their offices and saw every thing in several cases, which hurt me deeply.
You definitely agree with me that in our Constitution, Article 21 has got a very, very and very specific place and it is not only a fundamental right, but also the most primary right and without which one cannot survive and live a decent life. The body that is assigned the job of protecting the right defined under Article 21 must be extra careful and extra active to come to the aid of the victim. But, in fact, what is happening? If a victim of police atrocities or armed forces' atrocities come to them, they put it in cold store in the name of "investigation is going on" and obtain a clean report from the very department, which perpetrated / connived in violation of that right and put the victim helpless.
That is why, I am saying that if a victim approaches under S.156(3), the magistrate orders investigation and over-sees that justice is done to the victim. Other-wise also victim has got further channels to get justice, even though the justice is delayed but not denied. In the case of Human Rights Commission, there the justice is always denied. Kindly go through the Act and that Commissin is really teathless.
In my case, three of the industrial workers were forcefully taken in the police station and about 10 to 12 police personnel mercilessly beat them and finally those three workers were forced to suck others penis and drink the urine of others. The case against the workers is simple assault of their manager. The police had taken heavy amounts from the employer and did this thing. Instead of approaching the magistrate, I, unfortunately (several times I regretted), approached the H.R. Commission and they gave a clean discharge to the police station officials, denying my repeated requests to give us oral hearing and directed the police personnel to mediate between the employer and the workers so that there would be no animosity.
This is the way they work. Now, I cannot approach the criminal court or writ court as the matter is much delayed.
Uma parameswaran
(Expert) 21 May 2009
According to my knowledge there is only civil remedy and you can approach civil court.
Prabhakarji, May your comment is an eye opener to the persons sitting to steer Human Right Commission.
adv. rajeev ( rajoo )
(Expert) 21 May 2009
Mr. Prabhakar is right and whatever he has told abouthuman rights commission that is true, they are good for nothing. Civil courts are good for the reliefs, at least u can get execute the orders.
