Southern States - Tamil Nadu

Compensation for Tamaraikani stayed

By Our Staff Reporter

CHENNAI April 24 . The Madras High Court has stayed a State Human Rights Commission fiat directing the Government to pay a compensation of Rs. 3 lakhs to the former Srivilliputtur MLA, Tamaraikani, and deduct the sum from the salary of the Mamsapuram inspector, who allegedly caused injuries to him.

Justice E. Padmanabhan stayed the operation of the April 2, 2002 order, on a petition filed by the inspector, K. R. Murugesan, who alleged that the SHRC had acted beyond its jurisdiction.

According to him, Mr. Thamaraikani was arrested on June 30, 2001 after all formalities contemplated in the law had been observed. ``While effecting the arrest, Mr. Tamaraikani sustained injuries in the right hip and left hand'', he said and denied that he inflicted the injuries.

The SHRC order was bad in the law because ``to direct the Government to pay compensation for an alleged violation of human rights is quite beyond the powers of the commission''. According to the inspector, the Protection of Human Rights Act, 1993 contemplated only recommendatory powers for the SHRC and the Act ``does not contain any provision that would enable the commission to order a Government to pay any amount as compensation''.

He wanted the court to call for all records from the SHRC and quash its order.

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