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2003 Supreme(SC) 564

Supreme Court Of India
(Record of Proceedings)
R.C. LAHOTI AND ASHOK BHAN, JJ

DILIP K. BASU -Petitioner;
Versus
STATE OF WB. AND OTHERS -Respondents
Crl. MP No. 1560 of 2003 in Writ Petition (Crl.) No. 539 of 1986 with Crl. MP No. 2432 of 2003 in WP (Crl.) No. 592 of 1987, Contempt Petition (Crl.) No.2 of 2003 in Crl. MP No. 1560 of 2003 in WP (Crl.) No. 539 of 1986
Decided on May 7, 2003

The court emphasized the importance of confirming the functionality and cooperation of the State Human Rights Commission and the proper lodging of fresh complaints with the Commission.

Headnote:

Human Rights - State Human Rights Commission - Confirmation of Functionality and Cooperation - Committee Investigation - Fresh Complaints

Fact of the Case:

The court directed the Registrar General to confirm the functionality and cooperation of the State Human Rights Commission, allowed the Committee to continue investigations of human rights violations, and directed that fresh complaints be brought to the notice of the State Human Rights Commission.

Finding of the Court:

The court found it appropriate to confirm the functionality and cooperation of the State Human Rights Commission, allowed the Committee to continue investigations, and directed that fresh complaints be brought to the notice of the State Human Rights Commission.

Issues: Confirmation of State Human Rights Commission functionality and cooperation, continuation of Committee investigations, lodging of fresh complaints

Ratio Decidendi: The court's decision was influenced by the need to ensure the effective discharge of statutory functions by the State Human Rights Commission, continuation of ongoing investigations by the Committee, and the proper lodging of fresh complaints.

Final Decision: The court directed the Registrar General to confirm the functionality and cooperation of the State Human Rights Commission, allowed the Committee to continue investigations, and directed that fresh complaints be brought to the notice of the State Human Rights Commission.

ORDER

Crl. MP No. 2432 of 2003

1. It is pointed out that the State Human Rights Commission has been appointed and has become functional in the State of V.P. The Registrar General shall write a letter to the Secretary, V.P. State Human Rights Commission to confirm if the Commission has become fully functional and whether it is getting all the required cooperation from the State of V.P. for effective discharge of its statutory functions.

2. So far as the Committee appointed under the directions of this Court and headed by Justice (Retd.) A.K. Srivastava is concerned, we do not deem it appropriate to dissolve that Committee for the present. The said Committee shall continue with the investigation of such incidents of human rights violation as have been detected by it so far and brought to the notice of the Court. The State Government and its officials shall continue to extend their cooperation, as may be required, and release the funds required by the Committee for discharging its functions and for completing the investigations in the light of this order. The investigations shall be completed and reports shall be submitted by the Committee to this Court, a copy whereof shall also be forwarded to the State Human Rights Commission.

3. Any fresh complaint of violation of human rights shall henceforth be brought to the notice of the State Human Rights Commission.

Cr/. MP No. 3986 of 2003 4. Issue notice.

5. Learned counsel for the applicant states that a complaint to the National Human Rights Commission was made in August 2002 but the outcome thereof is still awaited. The applicant is also at liberty to lodge a complaint with the V.P. State Human Rights Commission which is now stated to be functional.

Crl. MP No. 1560 of 2003 and Contempt Petition No.2 of 2003

6. Adjourned.

Court Masters

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