Excelsior Correspondent
Srinagar, July 10: Observing that the erstwhile State Human Rights Commission cannot impose direction for compensation or fine, High Court allowed the plea against orders of Commission and quashed the same.
The orders of Commission directing for the payment of compensation and for personal appearance of the State Officials were quashed by the Division Bench of Chief Justice Pankaj Mithal and Justice Sanjay Dhar by recording that the impugned orders are not tenable in law.
During hearing of the petition of Home Department against the orders of the Commission, it has been submitted before the court that under the provisions of the J&K Protection of Human Rights Act, 1997, the Commission can enquire into the complaint and make appropriate recommendation to the Government but has no authority of law to impose any fine or compensation or to direct the personal appearance of the officials for compliance of the order for payment of compensation.
Referring to the ruling of the coordinate bench of the court, the DB said the Commission has no power either to order for payment of compensation or to issue any other order.
“The power, in simple terms, with the Commission is only to make appropriate recommendation to the Government and such recommendations cannot be equated to an executable order inasmuch as Commission is neither a Judicial Authority nor quasi-Judicial Authority to adjudicate upon the disputed facts”, the DB said.
Referring the Section 19 of the J&K Protection of Human Rights Act, court said it is clearly evident from the plain reading of the section itself which provides for the steps which may be taken by the Commission subsequent to the enquiry and does not anywhere authorizes the Commission to determine compensation and to release the same.
“It is pertinent to add here that a deep understanding of the provisions of the Act of 1997 would go to show that the Commission has got no power either to order for payment of compensation or to issue any other order”, the Court has held.
All those powers vested in the Commission, says the verdict, which it can or may use and utilize under the Act of 1997, terminate when it concludes the proceedings initiated on a petition or complaint and submits the Inquiry Report to the Government or the authority.
When the Commission under the Act of 1997 receives comments from the Government, indicating action taken or proposed to be taken, from the Government or the authority. The Commission upon receipt of comments from the Government or the authority, reflecting action taken or proposed to be taken cannot still initiate any proceeding against the Government or authority.
“Thereafter the Commission can only publish its Inquiry Report and action taken or proposed to be taken, by the Government or the authority as is coming forth from Subsection (6) of Section 19 of the Act of 1997”, judgment says.
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