Kalimuthu Kandhasamy works as an Advocate's Clerk of Mr. Sheik Ibrahim, Lawyer, Ramanathapuram. Kandhasamy is also an honorary District Organizer of Citizen for Human Rights Movement (CHRM) initiated by People's Watch and Assistant to the Pro bono lawyer taking care of Ramanathapuram cases of People's Watch, a human rights organization situated in Madurai. According to the source, on the 25th of February 2015 at about 7.15 p.m. Mr. K. Kandhasamy was actually arrested[ though the FIR states that he was arrested in a bus stop ] from his residence in Ramanthapuram by police personnel of Kenikkarai Police Station and subsequently remanded to judicial custody in the late morning of the 25th February. He was not issued a warrant or arrest memo at the time of arrest by the Policemen who carried out the arrest. On line complaints were sent twice in the night of the 24th & 25th February to the SP Ramnad district. The charge is that "Citizens for Human Rights Movement", the Movement of which Mr. Kandhasamy is the Honorary District Organizer for Ramanathapuram, has in its Board the name of the movement which has the terms "Human Rights" in them which is a violation of the amendment to the Tamilnadu Societies Registration Act brought about on the recommendation of the Tamilnadu State Human Rights Commission that no non-governmental institution should have the terms "human rights" in its name. This is a violation of the right to association in this country. Case was registered in Cr. No. 92/2015 under sections 170 IPC (personating a public servant) and Sec 420 (cheating) of the IPC read with Section 5 of the Emblems and Names (Prevention of Improper Use) Act, 1950 and Mr. Kandhasamy was subsequently remanded to judicial custody. According to the FIR, as per the judgment in Crl. OP. No. 15960 of 2014 of the Madurai Bench of the Madras High Court of Justice Kirubakaran use of visiting cards, emblems, boards etc. with the name "human rights organization" and misleading the public is an offence. The FIR also states that it was also written on the board that persons with complaints regarding custodial torture, violence against women, untouchability, violence against children and other forms of human rights violations may approach the CHRM. . But it is to be noted here that the words "Human Rights" have not been misused by the Defender or the movement of which he is the District Organizer and they have not posed anywhere as a governmental body, neither have they misled the public by assuring any remedy that a statutory institution alone can provide. There is no averment in the FIR indicating whom Kandasamy has cheated and the complainant is the Inspector of Police. The CHRM only provides legal counsel and assistance to the victims of violations in addressing their issues in courts of law or through human rights institutions or through law enforcement officials or by referring them to relevant bodies and therefore the allegations made are groundless and baseless. The undersigned is the State Advisor of CHRM and the first Name Board of the Movement was inaugurated by the former Supreme Court Retd. And former Acting Chairperson of the NJHRC , Justice Mr. Shivraj Patil in the premises of Peoples' Watch at Madurai in the year 2007 and the Boards in different cells across the state are similar ones. As per the Judgment delivered by the Supreme Court in the Arnesh Kumar Vs. State of Bihar case on 2nd July, 2014, where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine, arrest and detention is not a necessity and this case falls under this category. It is especially worrisome that the human rights defender is a heart patient and had very recently approached one Dr. Gnanakumar with complaints of kidney stones requiring medical attention and had only returned from the doctor. The provisions of the Emblems and Names ( Prevention of Improper Use ) Act 1950 . Sec 5 reads as follows : Sec 3. Prohibition of improper use of certain emblems and names - Not withstanding anything contained in any law for the time being in force, no person shall, except in such cases and under such conditions as may be prescribed by the Central Government, use, or continue to use, for the purpose of any trade, business, calling or profession or in the title of any patent, or in any trade mark or design, any name or emblem specified in the Schedule or any colorable imitation thereof without the previous permission of the Central Government or of such officer of Government as may be authorized in this behalf by the Central Government. Sec5Penalty: : - Any person who contravenes the provisions of section 3 shall be punishable with fine which may extend to five hundred rupees. We wish to insist that human rights is a value and hence the right to association includes the right to name the association as per the values that the members of the association cherish and not otherwise. We however hasten to also state that we are not against any criminal action being initiated under the normal criminal law provided there is evidence of cheating and evidence for any other criminal act that any individual or association of human rights defenders get engaged in. The right of human rights defenders includes their right to association and engaged in the protection and promotion of human rights and fundamental freedoms. The National Human Rights Commission is an institutional protector of human rights defenders andhnce the duty therefore to protect their rights as per the provisions of the UN Declration of Human Rights Defenders. It is the right of human rights defenders to also constitute an association that remains unregistered as long as they function within the parameters of law . We also have reliable information that there are also further FIRs registered in different districts of Tamilnadu and specially against one Mr. Madurai Veeran the District Organiser of the CHRM in Madurai at the Tallakulam Police Station on 25th February 2015. It is also expected that several other FIRs have also been registered in several police stations across the state and many other illegal arrests could also follow similar to this special case of Kandhasamy.