Chennai Court Awards ₹1.41 Lakh to RTI Activist for Malicious Prosecution

A city civil court in Chennai has awarded ₹1.41 lakh in compensation to Right to Information activist C Selvaraj, ruling that a criminal case initiated against him in 2016 was malicious and lacked reasonable and probable cause.

In an order dated September 1, the first assistant city civil court ordered the Tamil Nadu state government, R Boovaraghan, who was then an official in the land administration department, and J Vijayarani, the then joint commissioner of land administration, to jointly and severally pay Selvaraj a sum of ₹1,41,200.

The court also directed the three parties to pay the compensation alongside 6% interest calculated from February 11, 2020, the date on which the suit was originally filed, until the amount is realised. In addition, the defendants were directed to bear the costs of the legal proceedings.

However, the court dismissed the claim filed against the Chennai city commissioner of police, declining to hold the police leadership liable in the matter.

Selvaraj had approached the civil court seeking ₹9 lakh in damages for malicious prosecution following an encounter dating back to late 2016. The activist had visited the office of the land administration department in November 2016 in connection with a representation related to an RTI application.

Following that visit, a police complaint was lodged against Selvaraj by Boovaraghan. Based on the official's complaint, a criminal case was registered against the RTI activist under Indian Penal Code Sections 294(b), 353, and 506(i), which pertain to uttering obscene words, assault or criminal force to deter a public servant from discharge of duty, and criminal intimidation.