HR Commission recommendations not binding upon Govt: HC

Excelsior Correspondent
SRINAGAR, May 9: High Court today said that the recommendations of the Human Rights Commission are not binding upon the Government and it  after taking an overall view of the recommendations, has to form its subjective opinion in a matter in view of the peculiar facts and circumstances of such case and the recommendations so made.
Justice MK Hanjura passed the direction while dismissing a petition filed by Ghulam Ahmad, political worker of the Indian National Congress seeking direction to the State to restore the residential accommodation meant for protected persons in Hall No.1 of Hotel Snow Peak Zero Bridge Rajbagh Srinagar.
“The policy decision of the Empowered Committee constituted by the Government which declined the relief to the petitioner cannot be called in question in the court, unless and until the same is arbitrary or, to put in other words, it is irrational and not circumspect or is wayward, aberrant, malicious and capricious, offending the basic requirement of Article 14 of the Constitution of India”, he observed.
Justice Hanjura further observed that the law provides that the correctness of the reasons that prompted the Government to take a decision and take a course of action instead of the other, is not a matter of concern in the judicial review and the Court is not the appropriate forum for conducting such investigations. The scope of the judicial review has to be confined to find out whether the Government decision was against the statutory provisions or violative of the fundamental rights of the citizens of the State.
Justice Hanjura further observed that the respondents have contended that the Empowered Committee, constituted by the Government in its 15th Meeting held on 26th of December, 2012, in terms of the reports of the Inspector General of Police (IGP), Kashmir vide letter No. KZ/HR-15th/ECM/2012.20226 dated 26th of December, 2012 and Inspector General of Police (IGP), CID’s letter No. CID/MR/Mig/2011/80 dated 22nd of October, 2012, came to the conclusion that the relief sought by the petitioner does not fall within the realm of the policy and the recommendations of the State Human Rights Commission cannot be accepted.
Justice MK Hanjura further observed that the petition does not fall within the purview of these parameters. The decision of the Empowered Committee on such matters, i.e. providing of security, shelter and accommodation to a person, cannot be challenged in a court of law.