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2003 Supreme(SC) 1334
SUPREME COURT OF INDIA
(RECORD OF PROCEEDINGS)
R.C. LAHOTI, ASHOK BHAN, JJ.
DILIP K. BASU – Petitioner
Versus
STATE OF W.B. 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 : 7-05-2003
Transition of oversight from a court-appointed committee to a statutory human rights commission involves continuing existing investigations via the committee while directing all fresh complaints to the statutory body.
Headnote:(A) Human Rights - Functioning of the statutory State Human Rights Commission - Coordination between court-appointed investigative committees and statutory bodies - Pending investigations into human rights violations - Continuation of court-appointed committee for already detected incidents to ensure completion of probes - Requirement for the State to provide cooperation and necessary funding - Submission of reports to the Court and the statutory commission.
(B) Jurisdiction - Transition of complaints - All fresh complaints of human rights violations to be directed to the statutory State Human Rights Commission henceforth.
Facts of the case:
A committee appointed by the court had been investigating human rights violations. Following the establishment and functionality of the statutory state human rights commission, the court considered the status of the existing committee and the procedure for handling future complaints.
Findings of Court:
The court found it appropriate to maintain the court-appointed committee for investigating incidents already detected to ensure the completion of those specific probes. The court also directed that the state must provide necessary funding and cooperation to the committee.
Issues: Whether the court-appointed committee should be dissolved upon the functionality of the statutory human rights commission and where new human rights complaints should be filed.
Ratio Decidendi: To ensure the completion of ongoing investigations, a specialized court-appointed committee may continue its work on detected incidents, but once a statutory commission is functional, the primary jurisdiction for new complaints shifts to that statutory body.
Result: Order passed to maintain the committee for existing probes and route new complaints to the statutory commission.
Legal Category Hierarchy
-
human rights
- investigation
- state human rights commission
-
practice and procedure
- court-appointed committee
ORDER
Crl. MP No. 2432 of 2003
It is pointed out that the State Human Rights Commission has been appointed and has become functional in the State of U.P. The Registrar General shall write a letter to the Secretary, U.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 U.P. for effective discharge of its statutory functions. 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.
Any fresh complaint of violation of human rights shall henceforth be brought to the notice of the State Human Rights Commission.
