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Suhas Chakma vs National Human Rights Commission & Anr on 20 September, 2022

Author: Yashwant Varma

Bench: Yashwant Varma

                          $~39
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 6287/2021
                                SUHAS CHAKMA                                          ..... Petitioner
                                            Through:                 Mr. Nitesh Kumar Singh, Adv.

                                                      versus

                                NATIONAL HUMAN RIGHTS COMMISSION & ANR.
                                                                         ..... Respondents
                                            Through: Ms. Manisha Agrawal Narain, CGSC
                                                     with Ms. Rakshita Goyal, 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 dated 16/07/2020 passed by the Respondent No. 1 in NHRC Case No. 59/3/2003-2004-AF and further direct the NHRC to take coercive measures under Section 13 of the PHRA to enforce its own order dated 28/02/2020 or direct the Respondent No.2 to comply with the order dated 28/02/2020 within four weeks; ii. Issue a writ/mandamus directing the Respondent No. 1 to not close the cases before securing compliance with its orders and approach the concerned High Courts or Supreme Court under Section 18(b) of the Protection of Human Rights Act, 1993; if its recommendations for grant of relief or the initiation of proceedings for prosecution are not complied with by the concerned authorities."

2. On 16 July 2020 taking cognisance of a complaint, the National Human Rights Commission ["Commission"] has proceeded to pass the following order:-

"This case relates to torture of 24 villagers of village Gambhirkhata, P.S. Kazigaon and Bangshijhora, P.S. Bogoribhari, at the hands of Army Signature Not Verified Digitally Signed By:NEHA Signing Date:23.09.2022 17:38:38 personnel in an operation on 1.8.2033 to nab the wanted militant Gamblow Brahma at the aforesaid villages of Assam.

While considering the matter on 28.02.2020, the Commission had issued a notice u/s 19 of the Protection of Human Rights Act, 1993 to the Secretary, Ministry of Defence, Govt. of India to show cause within eight weeks as to why an amount of Rs.50,000/- each be not recommended to the paid to the 22 victims and also to the next of kin of Late Sulendra Nath Brahma."

Accordingly, Show Cause Notice dated 17.03.2020 was issued to the Secretary, Ministry of Defence, Govt. of India. However, no reply to the SCN has yet been received.

In the circumstances, recommendation is made to Govt. of India to make payment of compensation mentioned in the Show Cause Notice. Compliance report be sent to the commission for record. With this directions the case is closed."

3. As would be evident from the extract of the order passed by the Commission, it had framed directions for the Secretary, Ministry of Defense in the Government of India to pay an amount of Rs. 5 lakhs as monetary compensation to the next of kin of the deceased person. The petitioner, thereafter, appears to have approached the Ministry of Defense by way of an application under the Right to Information Act, 2005 seeking information whether the Ministry has sanctioned the compensation amount. The Ministry vide its reply dated 21 January 2021 communicated to the petitioner that the said case is under process.

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 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. The Court notes that the entire issue emanates from the order of 16 July 2020 which dealt with certain incidents which are stated to have taken place in the State of Assam.

In that view of the matter and since the recommendation made by the Commission is presently stated to be under the examination of the concerned Ministry, the Court finds no ground to continue this writ petition any further. It shall consequently stand dismissed at this stage with liberty reserved to the kin of the victims to initiate such proceedings as may be otherwise permissible in law.

YASHWANT VARMA, J.

SEPTEMBER 20, 2022/bh Signature Not Verified Digitally Signed By:NEHA Signing Date:23.09.2022 17:38:38