Justice G R Swaminathan and Justice R Kalaimathi was hearing a batch of petitions filed by police officers challenging the SHRC order that awarded Rs 6 lakh compensation to one Selvaraj for violation of his human rights and dismissed the petitions.

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NewsLegalAs Madras High Court draws ‘Laxman rekha’ for human rights cases, why police must pay Rs 6 lakh to TN businessman
As Madras High Court draws ‘Laxman rekha’ for human rights cases, why police must pay Rs 6 lakh to TN businessman
While human rights bodies can examine violations arising out of police action, they must maintain a ‘Laxman rekha’ so their findings do not interfere with criminal proceedings, the Madras High Court held.
Written by: Vineet Upadhyay
6 min read
New Delhi
Updated: Mar 6, 2026 08:58 AM IST

The Madras High Court’s Madurai Bench clarified that the human rights commission’s findings should not undermine the prosecution’s case before the criminal court. (Image generated using AI)
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Madras High Court news: Drawing a clear ‘Laxman rekha’ between criminal proceedings and human rights adjudication, the Madurai Bench of the Madras High Court has upheld an order of the Tamil Nadu State Human Rights Commission (SHRC) directing the state to pay compensation to a man who was illegally detained and assaulted by police officers in Kanniyakumari district.

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A bench of Justice G R Swaminathan and Justice R Kalaimathi was hearing a batch of petitions filed by police officers challenging the SHRC order that awarded Rs 6 lakh compensation to one Selvaraj for violation of his human rights and dismissed the petitions.

“Even when the complainant before the Commission is an accused in the criminal case, the complaint can be entertained when gross human rights violation is evident ex-facie; even in such cases, the eventual findings of the Commission cannot cast any cloud on the prosecution’s case before the criminal court. If this laxman rekha is not kept in view, while the act of taking cognisance may not be faulted, the report may be set aside,” the court said on February 27.

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The court emphasised that while human rights bodies can examine violations arising out of police action, they must maintain a Laxman rekha so that their findings do not interfere with criminal proceedings before courts.

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‘Laxman rekha’ between courts, human rights bodies
Explaining the limits of the human rights commission’s jurisdiction, the bench observed that even when a criminal case is pending before a court, the commission may still inquire into allegations of human rights violations.
However, the commission must focus only on the issue of breach of human rights and not delve into the details of the criminal investigation, the court cautioned while discussing the principle of sub-judice and the commission’s powers.
The judges clarified that the commission’s findings should not undermine the prosecution’s case before the criminal court.
Merely because a victim of human rights violation has resorted to criminal prosecution, he cannot be disabled from approaching the human rights commission.
The human rights commission can award compensation and recommend disciplinary action against the erring officials.
On the other hand, the criminal court can hand out punishment.
Justices G R Swaminathan and R Kalaimathi issued the order on February 27.
Writ pleas dismissed
Holding that the SHRC had acted within its jurisdiction, the bench dismissed all the writ petitions filed by the police officials and confirmed the Commission’s order awarding compensation.
“The State Human Rights Commiss
[07/03, 09:11] Meta AI: The Madras High Court (Madurai Bench) upheld a Tamil Nadu Human Rights Commission order that the state pay ₹6 lakh to businessman Selvaraj for illegal detention and police assault in Kanyakumari. The court said rights bodies can probe violations even if the complainant faces criminal charges, but must keep a “Laxman rekha” — their findings shouldn’t affect the criminal trial. Compensation and disciplinary action are fine; punishment is left to the criminal court. 【7kuW】