HC quashes rights panel award order

 The High Court, on Thursday, quashed the order of Karnataka State Human Rights Commission (KSHRC) order awarding compensation of Rs 50,000 to two persons alleging assault by three police personnel.

The petitioners — Thippeswamy and two others, constables at Abbinahole police station in Hiriyur taluk of Chitradurga district, had moved the High Court challenging the KSHRC order, which directed payment of Rs 50,000 as compensation to the respondents, who had lodged a complaint stating that the petitioners assaulted them.

The commission, based on medical certificate issued by the primary health centre, Abbinahole, had directed the State government to collect Rs 50,000 each from the petitioners and be given to the respondents.

The petitioners, in their submission, said the damages ordered by the SHRC is illegal as the respondents were arrested by the police for eveteasing and have been produced before the local court, where they have pleaded guilty and paid penalty for their act.

Counsel for petitioners, I G Gachchinamath submitted that respondents have filed a false case as the incident took place on August 4, 2010, but medical (wound) certificate was obtained on August 6, 2010.

He further submitted that following a complaint against the petitioners by the respondents, there were two investigations one ordered by the Superintendent of Police, probed by station house officer and the other by the IGP, where inquiry was done by Deputy Superintendent of Police.

 He further submitted that the SHRC do not have powers to punish. “It can just reccommend action against the violators to the State government,” he said. He also submitted that the respondents are persons with criminal antecedents and the complaint against the police personnel is false and motivated.

The Division Bench comprising  acting Chief Justice K Sreedhar Rao and Justice Abdul Nazeer quashed the SHRC order and observed: “The wound certificate on which the SHRC relied upon to pass a judgment on compensation does not mention age of injury. The injury mentioned is simple in nature and is caused by accidental fall.”

 Upholding the contention of the petitioners that the commission has no locus standi in ordering the compensation, the bench quashed the order of the SHRC directing payment of compensation. It further said that the amount deposited by the petitioners be returned to them.