Excelsior Correspondent
SRINAGAR, Dec 21: High Court today closed the Public Interest Litigation related to Shopian fake encounter in which three youth were killed by observing that if any of the residents having grievance of human rights violation can approach to National Human Rights Commission as also any individual has no locus standi to file PIL on a specific incident.
The PIL was filed by one Sandeep Mawa through his advocate Salih Pirzada seeking investigation by appropriate investigating agency and for registering of FIR into the matter. The PIL was filed after the fake encounter on July 20 this year resulting into killing of three youth namely Abrar Ahmad, Mohammad Abrar and Imtiaz Ahmad all residents of District Rajouri.
The petitioner Mawa was seeking quashing of investigation initiated by J&K Police into the matter and entrusting it to an appropriate investigation agency as also for registering FIR by the said agency. It was also sought by him that the case be handed over to a SIT constituting members other than from J&K Police.
The Division Bench of Acting Chief Justice, Rajesh Bindal and Justice Puneet Gupta after considering the matter said, the prayers made in the instant PIL and the petition filed by the parents of the deceased are common as such a separate petition filed by the petitioner-Mawa claiming the same to be in public interest cannot be entertained.
The DB said that prior to the enactment of Reorganization Act, the J&K Human Rights Commission was constituted which was wound after the enactment of the Reorganization Act. “The residents of J&K, if having any grievance regarding violation of their human rights, may have to approach the National Human Rights Commission”, DB concluded.
As far as the constitution of the State Human Right Commission in J&K UT is concerned, the court after perusal of Section 21 of the 1993 Act said, it provides for constitution of HRC in the states but after enactment of Reorganization Act, the J&K ceases to be a State as now it is a UT.
Court directed the Government that with reference to the Section 21 (7) the matter needs to be examined so that proper remedies are available to the aggrieved persons who are having any grievance regarding violation of their human rights.
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