Chennai: The State Human Rights Commission directed a woman SI to pay a compensation of Rs 1 lakh to an engineer on charge of arresting him after foisting a case against him. It also recommended the government to initiate disciplinary action against her. The SI was in hand in glove with victim's estranged wife to fabricate a false complaint against him 9 years ago.
In the petition, L.Arul Rajh, an engineer, submitted that he was running a training institute - Emphatic Result Academy. On September 12, 2010, his marriage with Vaishnavi was solemnized according to Hindu rites and customs.
His wife lodged a complaint with all women police station, T.Nagar on August 11, 2013, alleging that he and his family members committed the offence punishable under section 498-A of IPC and sections 4 & 5 of the Dowry Prohibition Act. After attending enquiry along with his mother in the police station, counseling also took place on August 16, 2013, between him and his estranged wife, who insisted on arresting him.
On September 28, 2013, M.Jayalakshmi, SI, all women police station, T Nagar came to his office and told him to accompany her to the police station for enquiry. When he went to the police station he was arrested and produced before the metropolitan magistrate and remanded to judicial custody.
The SI was in hand in glove with his wife to foist case against him and abused the process of the criminal justice system. Without enquiring properly the SI arrested him.
Denying allegations, Jayalakshmi replied that based on complaint from Vaishnavi she registered a case, examined the witnesses and after obtaining legal opinion from assistant public prosecutor she detained. Arul Rajh. Since a cognizable offence was made out, Arul Rajh was arrested.
SHRC judge D. Jayachandran said Jayalakshmi violated the guidelines laid down by the Supreme Court and high court regarding the arrest of an accused in matrimonial dispute cases. The arrest was unnecessary and in order to satisfy the Vaishnavi, the SI arrested Arul Rajh. He is entitled to receive a compensation of Rs 1 lakh from Jayalakshmi. The judge also recommended the government to initiate disciplinary action against the SI.
