Excelsior Correspondent
JAMMU, Mar 23: In an appeal filed against the judgment of State Consumer Disputes Redressal Commission wherein it has directed the Inspector General of Police Crime and Railways to register a case, Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Dheeraj Singh Thakur today held that the Commission should not have issued direction, which is the prerogative of the Writ Court under Section 103 of the Constitution of J&K read with Article 226 of the Constitution of India.
The Consumer Commission passed direction to IGP after one Abdul Shubam, a resident of village Loren in Poonch district approached the Commission with a complaint that due to the negligence of the doctors he lost his leg.
Following this incident, the complainant’s wife Zaina Begam made a representation to the Chief Minister wherein negligence of concerned doctors was brought to his notice. On her last representation, Special Secretary of the CM directed the CMO, District Hospital Poonch to conduct enquiry into the alleged incident but the enquiry failed to show any tangible result.
After going through the complaint of Abdul Shubam, the Consumer Commission passed directions to IG Crime and Railways for registration of case. However, the direction of the Consumer Commission passed on March 12, 2009 was challenged in the High Court by Dr Vipin Banotra.
Senior Advocate S S Lehar during the arguments submitted that the Consumer Commission does not enjoy any power to issue direction to the Inspector General of Police Crime and Railways to register a case. “All that can be done by the Commission is that a complaint can be lodged by it before the Magistrate”, he added.
After hearing Senior Advocate SS Lehar with Advocate Ravi Abrol, Division Bench observed, “the legal discipline created by various Statutes regulating the procedure has to be maintained by all and sundry, therefore, the direction of the Commission to Inspector General of Police, Crimes and Railway is deleted. However, the Commission is at liberty to lodge a complaint itself or by an authorized officer before the Magistrate of competent jurisdiction who could be obliged to take cognizance of the complaint and proceed in accordance with law”.
With these observations, the DB held that Commission has no power to direct for registration of case.
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