Sundara Rajan B v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN B.Sundara Rajan ... Petitioner Vs.
1.The Secretary to Government, Home Department, Fort St. George, Chennai - 600 009.
2.The Secretary to Government, Law Department, Chennai - 600 009.
3.The Director General of Police, Mylapore, Chennai - 600 004.
4.The Commissioner of Police, Madurai City, Madurai -625002. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondent to take stringent action against those persons/Association of Persons who indulge in illegal activities like Katta Panchayat/Kangaroo Court in the name of Human Rights and Consumer Forum and prohibit using the term Human Rights and Consumer Forum.
For Petitioner : Mr.Niranjan S.Kumar For Respondents : Mr.P.Thilakkumar Government Pleader
O R D E R
(Order of the Court was made by PUSHPA SATHYANARAYANA,J.) The writ petitioner has filed this Writ Petition, seeking for issuance of a Writ of Mandamus, directing the police authorities to take stringent action against those persons/Association of Persons, who indulge in illegal activities like Katta Panchayat/Kangaroo Court in the name of Human Rights and Consumer Forum and prohibit using the term Human Rights and Consumer Forum. 1/3
2.It is well known fact that there is a National Human Rights Commission and also a State Human Rights Commission and a National Consumer Disputes Redressal Commission and also a State Consumer Disputes Redressal Commission. Both the forums are statutory bodies. According to the petitioner, there are several bodies or Societies using the name of Human Rights and Consumer Forum, misleading the public and doing Katta Panchayats.
3.The learned counsel for the petitioner himself has brought to the knowledge of this Court, the Circular issued by the Director General of Police, Tamil Nadu, dated 13.10.2021, which states that whenever the phrase 'Human Rights' is used, it has to be mentioned that it is a private organization and they cannot identify themselves with the National or State Human Rights Commission or the Consumer Redressal Forum. Such circular also prohibits display of name boards and stickers posing themselves to be an authorised Human Right Commission or Forum. Whenever the stickers of Human Rights Union/State/Counsel is found and mislead the people by issuing false Identity Cards etc., the same may be intimated to the police authorities, who shall take immediate action. 4.
The grievance of the learned counsel for the petitioner is that despite such circular there has been use of the phrase Human Rights Forum or Consumer Redressal Forum by several people by using the same words and they are misleading the people. 5.As has been stated supra, already there is a circular by the Director General of Police. Whenever, the petitioner come across such Human Rights Forum or Council, which is not connected with the statutory body, he can bring it to the notice of the Police to take appropriate action against them.
6.The judgment, that is produced by learned counsel for the petitioner, in Abdul Rahman v. Inspector of Police, Pattukottai reported in (2015) 5 MLJ 218, also states that nobody can use the word Human Rights as per the circulars of the Central and State Governments and even as per the said circulars, it is exclusively meant for the State to protect the rights of the people. Therefore, any such wrong usage to mislead can be brought to the knowledge of the third and fourth respondents, who in turn take action against such organizations.
7.As the direction sought for itself is to issue a Mandamus to the respondents to take stringent action against those persons or organizations involving in such illegal activities and the recent circular of the Director General of Police is also in support of the same, there is no necessity to issue separate order by this Court. 2/3
8.In the light of the above, the Writ Petition is dismissed. No costs.
Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) sj Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The Secretary to Government, Home Department, Fort St. George, Chennai - 600 009.
2.The Secretary to Government, Law Department, Chennai - 600 009.
3.The Director General of Police, Mylapore, Chennai - 600 004.
4.The Commissioner of Police, Madurai City, Madurai - 625 002.
+1 CC to M/s.NIRANJAN S KUMAR, Advocate ( SR-36695[F] dated 01/12/2021 ) +1 CC to M/s.SPL GP ( SR-36759[F] dated 01/12/2021 ) 30.11.2021 KS(CO) KB(09.12.2021) 3P 7C 3/3