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The Supreme Court has disapproved an observation held by the Punjab and Haryana High Court that the Human Rights Commission is solely empowered to make a recommendation to the Governmentonly when human rights violating by a public servant is brought to its notice. The bench was being headed by Justice SA Bobde and Justice L Nagaswera Rao. They observed this interpretation by the high court is restrictive and not contained within the provisions of the Act. The bench was hearing an appeal filed by the Punjab State Human Rights Commission contending the observations made by the High Court.
The high court said that Human Rights Commission is essentially to send recommendation to the Government. It must recommend a case of human rights violation when the same has been committed by a public servant. It is for the concerned authority for the initiation of proceedings as may be deemed fit.
The bench referred to section 2 (d) of the Protection of Human Rights Act 1993 and also to section 12 of the same Act. The section empowers the commission to inquired into the violation of human rights or averment thereof, complaint by a victim, negligence in the prevention of such violation by a public servant. This deals with any complaint by a victim who has been aggrieved by a person or public servant. The high court also held that there cannot be a parallel investigation by the state when the matter is pending before a civil or criminal court.
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