Notice issued to Tamil Nadu Government regarding contravention of laws by Tamil Nadu police while arresting former Chief Minister and Union Ministers
The National Human Rights Commission had taken cognizance of a complaint received from an NGO in Tamil Nadu alleging serious human rights violations in the manner in which the former Tamil Nadu Chief Minister Shri M. Karunanidhi, Union Ministers Shri Murasoli Maran and Shri T.R. Balu, some media persons and others were arrested by the police on 30 June 2001. The Commission had also taken suo-motu cognizance of media reports in this regard.
The law laid down by the Supreme Court in Joginder Kumar Vs. State of Uttar Pradesh & Others (1994 (4) SCC 260) and D.K. Basu Vs. State of West Bengal (1997 (1) SCC 416) pertaining to the exercise of power by police to effect the arrest of a person accused of a crime, deals with the manner of its exercise and the mode of effecting the arrest in consonance with the provisions of the Constitution and the laws on the subject. By virtue of Article 141 of the Constitution, this is the law of the land declared by the Supreme Court and binds every authority in the country. It has also been indicated in these decisions that indiscriminate arrests and the arrests made without complying strictly with the needed requirements which are necessary for a proper balance of individual’s rights and liberties with society’s rights amount to violation of human rights.
This Commission had also issued guidelines titled “NHRC Guidelines Regarding Arrest” referring to these decisions, the relevant provisions of the Constitution and the statute, which must be complied with by the officers effecting any arrest to ensure that their action is lawful. These guidelines had been circulated to all States, including the State of Tamil Nadu to additionally inform every member of the police force of these constitutional and statutory requirements while effecting any arrest.
In addition to the complaints received by the Commission, media reports appeared to suggest the likelihood that these requirements of the Constitution and the laws for making any arrest may have been contravened by the Tamil Nadu police in effecting the arrests. The Commission felt that if these were true it would require consideration whether according to the decisions of the Supreme Court and the law laid down thereunder, such acts constituted violation of human rights of the arrested persons. It had, therefore, become necessary for the Commission to inquire into this matter and, for that purpose, to obtain the version of the Government of Tamil Nadu to determine the further step in the inquiry.
The Commission accordingly issued notice to the Chief Secretary and Director General of Police, Tamil Nadu to file their reply within one week to enable further consideration of the matter. The reply received from the Tamil Nadu Government was considered by the Commission in its meeting held on 18 July 2001, wherein it decided to forward the replies along with the Commission’s earlier direction to the complainant and the victims, asking them for their comments in the matter.
The law laid down by the Supreme Court in Joginder Kumar Vs. State of Uttar Pradesh & Others (1994 (4) SCC 260) and D.K. Basu Vs. State of West Bengal (1997 (1) SCC 416) pertaining to the exercise of power by police to effect the arrest of a person accused of a crime, deals with the manner of its exercise and the mode of effecting the arrest in consonance with the provisions of the Constitution and the laws on the subject. By virtue of Article 141 of the Constitution, this is the law of the land declared by the Supreme Court and binds every authority in the country. It has also been indicated in these decisions that indiscriminate arrests and the arrests made without complying strictly with the needed requirements which are necessary for a proper balance of individual’s rights and liberties with society’s rights amount to violation of human rights.
This Commission had also issued guidelines titled “NHRC Guidelines Regarding Arrest” referring to these decisions, the relevant provisions of the Constitution and the statute, which must be complied with by the officers effecting any arrest to ensure that their action is lawful. These guidelines had been circulated to all States, including the State of Tamil Nadu to additionally inform every member of the police force of these constitutional and statutory requirements while effecting any arrest.
In addition to the complaints received by the Commission, media reports appeared to suggest the likelihood that these requirements of the Constitution and the laws for making any arrest may have been contravened by the Tamil Nadu police in effecting the arrests. The Commission felt that if these were true it would require consideration whether according to the decisions of the Supreme Court and the law laid down thereunder, such acts constituted violation of human rights of the arrested persons. It had, therefore, become necessary for the Commission to inquire into this matter and, for that purpose, to obtain the version of the Government of Tamil Nadu to determine the further step in the inquiry.
The Commission accordingly issued notice to the Chief Secretary and Director General of Police, Tamil Nadu to file their reply within one week to enable further consideration of the matter. The reply received from the Tamil Nadu Government was considered by the Commission in its meeting held on 18 July 2001, wherein it decided to forward the replies along with the Commission’s earlier direction to the complainant and the victims, asking them for their comments in the matter.