Delhi High Court - Orders
Suhas Chakma vs National Human Rights Commission on 20 September, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1939/2021 & CM APPL. 5642/2021
SUHAS CHAKMA ..... Petitioner
Through: Mr. Nitesh Kumar Singh, Adv.
versus
NATIONAL HUMAN RIGHTS COMMISSION ..... Respondent
Through: Ms. Vrinda Grover and Mr. Soutik
Banerjee, Advs. for NHRC.
Major Partho Katyayan, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 20.09.2022
1. This writ petition has been preferred seeking the following reliefs:-
"i. Set aside the impugned order of the Respondent National Human Rights Commission (NHRC) dated 08/09/2020 in NHRC Case No. 42/14/4/08-09-FE/D1 vide letter dated 21/09/2020 and further direct the NHRC to take coercive measures under Section 13 of the PHRA to enforce its order dated 05/03/2020, and/or;
ii. Issue an appropriate writ in the nature of mandamus directing the respondent to approach the concerned High Court or the Hon‟ble Supreme Court exercising its power under Section 18(b) of the Protection of Human Rights Act if its recommendations for grant of relief or the initiation of proceedings for prosecution are not complied with by the concerned authorities."
2. On 05 March 2020 taking cognizance of a complaint, the National Human Rights Commission ["Commission"] had proceeded to pass the following order:-
"In the instant matter Commission on consideration of various reports came to the conclusion that an inference can be drawn that the police has failed to justify their action in self defence and the deceased Ningthoujam Signature Not Verified Digitally Signed By:NEHA Signing Date:23.09.2022 17:38:38 Ananda Singh and Palungbam Kunabihar @ Bose@ Abung were killed by the combined force of Manipur Police Commandos and 16th Assam Rifles in an extra judicial manner and their right to life was violated by the police. Accordingly, a notice u/s 18 of the PHR Act, 1993 was directed to be issued to Govt. of Manipur through its Chief Secretary to show cause as to why an amount of Rs. Five Lakhs each as monetary compensation be not recommended to be paid to NoK of two deceased persons.
In response to Show Cause Notice, Dy. Secretary (Home), Government of Manipur has submitted a detailed report dated 18.07.19. It has been informed that the encounter was real and when the criminals fired upon the security personnel, it was natural for the police to return the fire. The State Govt. has contended that the evidence clearly shows the same and the factum of encounter cannot be rebutted or negated by mere assumptions which are based on no evidence. The State Govt. has requested the Commission to reconsider its recommendation for payment of relief to the NoK of two deceased and dismiss the complaint in the interest of justice.
The Commission has considered the reply of the Govt. of Manipur to the Show Cause Notice and rejects the same as we find no substance in it. The reasons for issuing a Show Cause Notice were elaborated in our proceedings dated 02.05.19. Commission finds that no satisfactory explanation has been offered for the issues on which the Show Cause Notice was based. Hence, we hereby confirm the show cause notice and Commission recommends to the Chief Secretary, Govt. of Manipur to pay an amount of Rs.Five Lakhs each as monetary compensation to next of kin of two deceased persons viz. Ningthoujam Ananda Singh and Palungbam Kunabihar @ Bose@ Abung and submit compliance report along with proof of payment within six weeks positively.
Put up after six weeks."
3. As would be evident from the extracts of the order passed by the Commission reproduced hereinabove, it had framed directions for the Chief Secretary in the Government of Manipur to pay an amount of Rs. 5 lakhs as monetary compensation to the next of kin of the two deceased persons. The petitioner, thereafter, appears to have approached the Commission yet again asserting that its order had not been complied with. Taking note of those complaints, the Commission on 21 September 2020, had addressed a communication to the Chief Secretary of the State of Manipur for taking Signature Not Verified Digitally Signed By:NEHA Signing Date:23.09.2022 17:38:38 further action on the complaint as made by the petitioner here.
4. The contention of learned counsel for the petitioner essentially is that the Commission has failed to discharge the obligations as statutorily placed upon it in terms of Sections 18 and 19 of the Protection of Human Rights Act, 1993. The submission in essence appears to be that the Commission must necessarily take steps for enforcement of its orders.
5. The Court notes that the entire issue emanates from the order of 05 March 2020 which dealt with certain incidents which are stated to have taken place in the State of Manipur. In that view of the matter and since it would always be open for the petitioner to approach the jurisdictional High Court for enforcement of orders that may have been passed by the Commission, the Court finds no ground to continue this writ petition any further. It shall consequently stand dismissed with liberty reserved as aforesaid.
YASHWANT VARMA, J.
SEPTEMBER 20, 2022/bh Signature Not Verified Digitally Signed By:NEHA Signing Date:23.09.2022 17:38:38