Excelsior Correspondent
JAMMU, Oct 9: In a significant judgment, High Court has held that the recommendations of Human Rights Commission are not binding on the State.
The judgment has been passed in a petition filed by one Nazir Begum seeking implementation of recommendations of Human Rights Commission regarding ex-gratia relief and compassionate appointment to her elder son in view of her husband’s death in militancy related incident.
While dismissing the petition, Justice Ali Mohammad Magrey observed, “objections of Deputy Commissioner Bandipora are disputing the cause of death of the deceased related to some accident/violence by security forces, which has reference to the letter of AIG (HQRS) Vigilance Organization dated 10.07.2008”.
“The respondents have disputed the claim of the petitioner that her husband died in a militancy related incident and have in fact stated that the deceased died a natural death. From the perusal of the pleadings too, it is not forth coming that the deceased died in a militancy related incident, therefore, disputed questions of fact are involved in the present case, which cannot be determined/adjudicated by this court and no relief can be passed on disputed question of facts”, Justice Magrey said.
“The petitioner has to approach a civil court for establishment of her right before filing a writ petition and the recommendations of Human Rights Commission are not binding on the respondents, moreso, when they have denied the claim of the petitioner that the deceased (Abdul Ahad Malik) died in a militancy related incident”, High Court said.
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