DB order if CS file response, he need not to appear in person before NHRC
JKUT (Jammu), August-18-2021-( JNF):- In a petition filed against the order of National Human Right Commission whereby NHRC directs Chief Secretary to appear in person, A Division Bench of Jammu & Kashmir High Court Comprising Chief Justice Pankaj Mithal and Justice Sanjay Dhar, directed the Chief Secretary, Government of Jammu & Kashmir, to file response as required by the National Human Rights Commission on or before the next d and in case he so files the response, he need not to appear in person on the said date subject to further orders that may be passed by the Commission.
It is worthwhile to mention here that In the complaint filed by Rajinder Premi before NHRC has demanded identification and arrest of killers of Sarwanand Koul Premi, a well known writer, thinker, poet and social activist and his son who were gunned down on May 1 in 1990 by the militants terrorists after kidnapping them from their residence in Soaf Shalli, Kokernag on April 28 night of 1990 and whose dead bodies were thrown on road side near Anantnag town of Kashmir valley bearing the marks of complete torture. The family has also demanded ex-gratia and compensation for looted and damaged property besides return of house hold goods kept in the custody of local Auqaf Committee and fulfillment of all promises made by the Government with the family of martyr which it has failed to do till date.
In the petition filed by UT of J&K challenging the orders dated 16.03.2021 and 08.06.2021 passed by the National Human Rights Commission in connection with the complaint filed by one Rajinder Premi of New Delhi have been challenged before us by means of this writ petition.
The submission is that the complainant is a migrant from Jammu & Kashmir. He had made a complaint first before the National Human Rights Commissioner at Delhi and then before the State Human Rights Commission. The complaint made before the National Human Rights Commission was transferred to the State Human Rights Commission wherein after enquiry a report was submitted making certain recommendations.
It appears that in the meantime as the State Human Rights Commission seized to exist, the aforesaid complainant again approached the National Human Rights Commission probably for the implementation of the recommendations of the State Human Rights Commission. It is on the above complaint of the complainant that the present orders have been passed and the chief Secretary, Government of Jammu & Kashmir has been repeatedly asked to file report/ reply failing which personal appearance may be invoked by coercive process.
Sr. AAG Dar submits that the next date fixed before the National Human Rights Commission is 19th August, 2021 and that by one of the orders which is not available with the petitioner, personal appearance of the Chief Secretary has been directed on the said date.
DB observed that in challenging the above orders, his submission is twofold. First, the National Human Rights Commission is not the implementation authority of the recommendations of the State Human Rights Commission and that in case the State Human Rights Commission has seized to exist, the appropriate remedy available to the respondent no.2 was to approach the High Court under Section 19(2) of the Jammu & Kashmir Protection of Human Rights Act, 1997, as it then existed (now repealed) rather than approaching the National Human Rights commission. Secondly, on behalf of the Union Territory, several reports were submitted before the National Human Rights Commission clearly indicating that most of the recommendations of the State Human Rights Commission have been complied with and in respect of some of the recommendations, report from the field agencies have to be obtained and placed before the Commission. The Chief Secretary is not averse to filing any report before the Commission.
Division Bench directed the Chief Secretary, Government of Jammu & Kashmir, to file response as required by the National Human Rights Commission on or before the next date i.e. 19th August, 2021 and in case he so files the response, he need not to appear in person on the said date subject to further orders that may be passed by the Commission. JNF