Excelsior Correspondent
Srinagar, Dec 14: The High Court has held that the recommendations of the State Human Rights Commission (SHRC) are not considered to be a verdict and equated to an executable order and the same are not binding on the Government.
Justice Vinod Chatterji Koul passed these findings in a case whereby the wife of one Reyaz Ahmad was seeking implementation of recommendations of the then SHRC asking the authorities to provide compassionate appointment on SRO 43 and compensation of Rs 10 lakh to the next kins of Reyaz Ahmad who was killed in the 2000 during custody.
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Justice Koul said if the Commission (SHRC) finds any violation of human rights or negligence in prevention of human rights by a public servant, it may recommend to Government or authority for initiation of proceedings for prosecution as the Act also provides that the Commission, if it receives a petition or a complaint, it can only make a Report (Inquiry Report) to the Government or the concerned authority.
“It is worthwhile to mention that the recommendations made by the Commission cannot be equated to an executable order at all. The Commission is neither a judicial authority nor a quasi-judicial authority to adjudicate upon the disputed facts”, the court recorded.
The court has made it clear that the Commission can, at the most, ask the Government or the concerned authority to forward its (Commission’s) comments on its Inquiry Report/Recommendations, including action taken or proposed to be taken, by the Government or the authority, on such Inquiry Report of the Commission.
“All those powers vested in the Commission, which it can/may exercise under the, terminate when it concludes the proceedings initiated on a complaint and submits an inquiry report to the Government or the authority. Thereafter the Commission can only publish its Inquiry Report and action taken or proposed to be taken, by the Government or the authority”, read the judgment.
Justice Koul has further added that the SHRC cannot inquire into any matter which is pending before any other Commission duly constituted under any law for the time being in force and the Human Rights Commission cannot inquire into any complaint relating to matter not falling within its jurisdiction but may forward it to a forum having jurisdiction to entertain it.
It is noted that the Government had rejected the case of the wife of deceased-Reyaz through General Administration Department (Monitoring Section) Civil Secretariat and the rejection was conveyed to Deputy Commissioner, Baramulla in the year 2009 by providing that the case of petitioner is not covered under SRO 43 of 1994/ Relaxation policy and, as such, rejected.
The petitioner against the said rejection has approached the High Court and sought implementation of recommendations made by the SHRC earlier on the ground that the recommendations made by the Commission have not been implemented by the Government.
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