# \[name withheld\] vs The National Human Rights Commission and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2015-0034](https://datalibertarian.in/babuwatch/incident/CW-2015-0034)

## Report card

By judgment dated 4 November 2015 in W.P. No.3799 of 2012, the Madras High Court (Coram: Sanjay Kishan Kaul, Pushpa Sathyanarayana, JJ.) upheld the disciplinary action taken against the Police personnel, Kancheepuram District Police.

- Register number: TN 21 CW 0002
- Case reference: W.P. No.3799 of 2012
- Court and date: Madras High Court (Coram: Sanjay Kishan Kaul, Pushpa Sathyanarayana, JJ.), 4 November 2015
- Officer(s) at the material time: Police personnel, Kancheepuram District Police
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Article 226 of the Constitution of India
- Finding of the Court (extract): “In so far as recovery process is concerned, the aforesaid fact would show that the respondent authorities are entitled to recover the amount, as no challenge has been laid to the order passed by the National Human Rights Commission.” (at para 5)
- Verdict, sentence and quantum: Disciplinary action upheld.
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/164704509/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2015-0034)

**Record:** CW-2015-0034 (compiler id CWC-0840); case GAP2-39-003
**Title:** \[name withheld\] vs The National Human Rights Commission and Others
**Court:** Madras High Court; judges: Sanjay Kishan Kaul; Pushpa Sathyanarayana
**Case number / citation:** W.P. No.3799 of 2012
**Judgment:** 2015-11-04 (2015, day precision)
**Incident date:** Not stated
**Place:** Kanchipuram, Tamil Nadu (district at time: Kancheepuram); force: state_police
**Category:** Violence & unlawful detention
**Sub-category:** custodial death
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** Constitution Art. 226
**Officers (gated display forms):** Police personnel, Kancheepuram District Police (1 in record)
**Victims:** Not stated (1 in record)
**Sentence / compensation:** None ordered

The judgment of the Madras High Court records the following account. Police officer challenged G.O.Ms. Nos.113, 220 and 436 of 2011 and the SP Kancheepuram memo dated 17.06.2011 directing recovery from him following NHRC proceedings over a custodial death. The Division Bench recorded that Rs.50,000 each had already been recovered from five other personnel and that the RDO Madurantakam had filed a criminal case against the police personnel (C.M.P. No.3809/2015, JM Madurantakam) which was pending trial. The court held the authorities entitled to recover the amount from the petitioner since the NHRC order was never challenged, observing refund could be considered only on acquittal. The writ petition was dismissed; the order does not name the deceased, the other personnel, or the petitioner's rank. Matters not addressed in the cited judgment text are not recorded here.

> In so far as recovery process is concerned, the aforesaid fact would show that the respondent authorities are entitled to recover the amount, as no challenge has been laid to the order passed by the National Human Rights Commission.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/164704509/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** brutality
**admin subcategory:** custodial_death
**allegations:** {'category': 'Custodial death', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 5
**display title redacted:** \[name withheld\] vs The National Human Rights Commission and Others
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2015-11-04', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Madras High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Madras High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': 'W.P. No.3799 of 2012', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/164704509/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** custodial death
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Writ dismissed; recovery of NHRC-linked custodial-death compensation from the officer upheld.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2015-0034](https://datalibertarian.in/babuwatch/incident/CW-2015-0034)