More than 700 cases lying unheard for last 4 years
Nishikant Khajuria
JAMMU, Nov 13: Ending uncertainty, Government of Jammu and Kashmir has initiated process for the transfer of cases pending before the erstwhile State Human Rights Commission (SHRC) to the National Human Rights Commission (NHRC) for their disposal.
For the last four years, these more than 700 cases were lying unheard before the erstwhile SHRC, which was wound up following abrogation of J&K’s Special Status under Article 370 and then vesting of its jurisdiction in NHRC by virtue of J&K Re-organization Act 2019.
For the transfer of these cases, Secretary, Department of Law, Justice and Parliamentary Affairs, Achal Sethi has ordered constitution of committees in the offices of Directorate of Litigation, Kashmir/Jammu, which shall prepare the list of case files of erstwhile SHRC and make them readily available for their transition to the NHRC.
Headed by the concerned Director Litigation (Kashmir/Jammu) and comprising Assistant Director Litigation and AAO/Accounts as the Members, the committee shall prepare the abstract of case files with proper number of notings and correspondence.
To assist the committee, Chairman of the respective panel may also co-opt any employee from his Directorate, read the Government order number 15088-JK (LD) of 2023, dated 09-11.2023.
Pertinent to mention that by virtue of the J&K Reorganization Act, 2019, the Jammu and Kashmir Protection of Human Rights Act, 1997 was repealed, and the application of corresponding Central Act i.e. The Protection of Human Rights Act, 1993 has come into force. Accordingly, the erstwhile State Human Rights Commission in J&K was wound up on October 23, 2019.
As per the Jammu and Kashmir Re-organisation (Adaptation of Central Laws) Order, 2020, notified on March 18, 2020, the functions relating to human rights in case of Union Territory of Jammu and Kashmir shall be dealt with by the National Human Rights Commission (NHRC).
According to the sources, the total complaints that were pending before the SHRC at the time of its winding up were 765.
Even after winding up of State Human Rights Commission and vesting of its powers to NHRC, there was no clarity in the Re-Organization Act over the cases pending before SHRC, thus resulting into no decision on these complaints of human rights violations in Jammu and Kashmir for the last four years.
The decks were cleared and the uncertainty ended following a recent communication in this regard to the J&K Government by D M Tripathy, Under Secretary (Coord), NHRC, New Delhi, vide Letter F. No B-29/6/2023-Coord, dated October 25, 2023, asking for transfer of the pending cases.
Sources told the Excelsior that with the transfer to NHRC in the next few days, these pending cases are likely to have their disposal soon on the basis of merit.
From October 1, 2019 to December 2022, total 1164 cases pertaining to the Jammu and Kashmir Union Territory were registered with the NHRC. Out of those, 111 were considered and closed by the Commission, 368 were disposed of with direction, 484 were dismissed in limini, while compensation was recommended in one case and 200 cases were pending for consideration of the Commission.
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