Excelsior Correspondent
SRINAGAR, Sept 28: High Court has held that recommendations made by the State Human Rights Commission (SHRC) cannot be termed as a verdict and upheld the communication of the Government in which recommendations of SHRC for appointment of the next kins of disappeared person was rejected.
The petitioner-Mohammad Amin Khan approached the High Court to quash communication issued by the Commissioner/Secretary to Government of J&K Home Department whereby recommendations of the SHRC for appointment of one of the kins of disappeared persons on compassionate grounds with compensation were rejected.
A complaint was filed by Khan before the SHRC in 2008 alleging therein that his son, Irshad Ahmad Khan, disappeared in 2004. On the complaint of petitioner, the Commission made a recommendation to the State Government to sanction and pay an ex-gratia relief of Rs 1 lakh in favour of NoKs of the disappeared person, besides employment under SRO 43 of 1994 be provided to one of the eligible family members of the disappeared person.
Justice V C Koul, while dismissing the plea, said 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.
“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”, Justice Koul recorded.
The court therefore has held that the recommendations made by the SHRC cannot be termed as a verdict on resolving the disputed facts and the same are not binding on the parties before the Commission as it can, at the most ask the Government or the concerned authority to forward its comments on its 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 Act , terminate when it concludes the proceedings initiated on a petition/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 as is coming forth from the Act”, read the judgment.
Justice Koul said that if the Commission finds any violation of human rights or negligence in the prevention of human rights by a public servant, it may recommend to the Government or authority initiation of proceedings for prosecution or such other action and the Commission, if receives a petition, or say a complaint and disposes off the same by making a Report (Inquiry Report) to the Government or the concerned authority.
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