Excelsior Correspondent
JAMMU, Mar 2: In a significant order, Division Bench of State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar has stayed the orders of the State Human Rights Commission (SHRC) by virtue of which Home Secretary was directed to appear in person.
The personal appearance of Home Secretary was sought for non-implementation of a judgment by SHRC in 2014 relating to regularization of services of lady SPO whose husband was allegedly died in custody.
The State Government preferred writ petition against the orders of the SHRC through Senior Additional Advocate General Wasim Sadiq Nargal on the ground that the order passed by SHRC in securing presence of Home Secretary in a service dispute was beyond its jurisdiction.
It was submitted before the Division Bench that SHRC has only jurisdiction to entertain and adjudicate cases involving human rights violations as envisaged under J&K Protection of Human Rights Act, 1997.
Senior AAG Nargal argued that the order passed by SHRC with regard to service dispute and consequently the complaint filed by Geeta Devi for implementation of impugned orders was beyond the jurisdiction of SHRC and in contravention to the spirit and mandate of J&K Protection of Human Rights Act, 1997.
“In case matters involving service disputes are entertained by SHRC it will create a parallel forum”, he further submitted while informing the Division Bench that DGP has already rejected the case of lady SPO for regularization on the ground that her husband had consumed some intoxicants on his own and it was not a case of custodial death.
After hearing Senior AAG Wasim Sadiq Nargal, DB stayed the operation of the order dated December 26, 2017 as also the order dated January 29, 2018 issued by SHRC.
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