1. Investigation into incidents and victims by a Special Investigation Team — Discrepancies in reported numbers — Manpower shortage in a human rights commission. (Para 1 , 5 )
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2018 Supreme(SC) 1681
SUPREME COURT OF INDIA
MADAN B. LOKUR, UDAY UMESH LALIT, JJ.
Extra Judicial Execution Victim And Anr - Petitioner
Versus
Union of India And Ors - Respondent
Writ Petition(s)(Criminal) No.129 of 2012
Decided On : 05-07-2018
Advocates:
Advocate Appeared:
For the Petitioner: Dr. Menaka Guruswamy, Adv. (AC)(NP) Mr. Govind Manoharan, Adv. Mr. Colin Gonsalves, Sr. Adv. Mr. Shreeji Bhavsar, Adv. Ms. Olivia Bang, Adv. Ms. Jyoti Mendiratta, AOR Mr. Satya Mitra, Adv.
For the Respondent: Mr. Maninder Singh, ASG Ms. V. Mohna, Sr. Adv. Mr. R. Balasubramanian, Adv. Mr. Rajiv Nanda, Adv. Mr. Prabhas Bajaj, Adv. Ms. Aarti Sharma, Adv. Mr. M.K. Maroria, AOR Mr. B. V. Balaram Das, Adv. Ms. Shraddha Deshmukh, Adv. Mr. B. Krishna Prasad, AOR Mr. Arvind Kr. Sharma, Adv. Mr. Nalin Kohli, Adv. Ms. Rashmi Malhotra, Adv. Mr. Indrajeet Singh, Adv. Ms. Nimisha Menon, Adv. Mr. Ashok Kumar Panda, Sr. Adv. Mr. Sunil J. Mathews, Adv. Mr. B. V. Balaram Das, Adv. Mr. G.S. Makker, AOR
Advocate Appeared:
For the Petitioner: Dr. Menaka Guruswamy, Adv. (AC)(NP) Mr. Govind Manoharan, Adv. Mr. Colin Gonsalves, Sr. Adv. Mr. Shreeji Bhavsar, Adv. Ms. Olivia Bang, Adv. Ms. Jyoti Mendiratta, AOR Mr. Satya Mitra, Adv.
For the Respondent: Mr. Maninder Singh, ASG Ms. V. Mohna, Sr. Adv. Mr. R. Balasubramanian, Adv. Mr. Rajiv Nanda, Adv. Mr. Prabhas Bajaj, Adv. Ms. Aarti Sharma, Adv. Mr. M.K. Maroria, AOR Mr. B. V. Balaram Das, Adv. Ms. Shraddha Deshmukh, Adv. Mr. B. Krishna Prasad, AOR Mr. Arvind Kr. Sharma, Adv. Mr. Nalin Kohli, Adv. Ms. Rashmi Malhotra, Adv. Mr. Indrajeet Singh, Adv. Ms. Nimisha Menon, Adv. Mr. Ashok Kumar Panda, Sr. Adv. Mr. Sunil J. Mathews, Adv. Mr. B. V. Balaram Das, Adv. Mr. G.S. Makker, AOR
The court emphasized the need for clarity on the incidents not being investigated and the number of victims, directed the CBI to prepare and file the final report for four FIRs, and agreed to co-opt NHRC officers as members of the SIT. It also addressed the concerns raised by NHRC about being understaffed and requested the Additional Solicitor General to address the manpower and financial issues with the concerned Ministry of the Government of India.
Headnote:
ORDER : NHRC - SIT Co-Opted Members - The court directed the CBI to prepare and file the final report for four FIRs by a specified date, and agreed to co-opt two officers from NHRC as members of the SIT for ongoing investigations. The NHRC expressed concerns about being understaffed, and the court requested the Additional Solicitor General to address the manpower and financial issues with the concerned Ministry of the Government of India.
Fact of the Case:
The court directed the CBI to prepare and file the final report for four FIRs by a specified date and agreed to co-opt two officers from NHRC as members of the SIT for ongoing investigations.
Finding of the Court:
The court found discrepancies in the number of incidents and victims mentioned in previous orders and requested a clear identification of the incidents not being investigated and the number of victims. It also addressed the concerns raised by NHRC about being understaffed and requested the Additional Solicitor General to address the manpower and financial issues with the concerned Ministry of the Government of India.
Issues: Discrepancies in the number of incidents and victims, preparation and filing of final report for four FIRs by CBI, co-opting NHRC officers as members of SIT, concerns about NHRC being understaffed.
Ratio Decidendi: The court emphasized the need for clarity on the incidents not being investigated and the number of victims, directed the CBI to prepare and file the final report for four FIRs, and agreed to co-opt NHRC officers as members of the SIT. It also addressed the concerns raised by NHRC about being understaffed and requested the Additional Solicitor General to address the manpower and financial issues with the concerned Ministry of the Government of India.
Final Decision: The matter was listed for further consideration on 27th July, 2018 at 2.00 p.m.
Legal Category Hierarchy
Table of Contents
2. Objections to a miscellaneous application — Submission regarding manpower shortage and overwork of officers in a human rights commission. (Para 4 , 5 )
3. Human rights commission is hopelessly overworked due to inadequate manpower and financial support from the Union of India. (Para 5 )
4. Human rights must be kept on a pedestal, necessitating adequate manpower and financial support for the commission tasked with their protection. (Para 5 )
5. Directions for filing investigation statements and final reports — Co-option of commission officers into SIT — Request for urgent government action on commission manpower. (Para 1 , 2 , 3 , 4 , 5 )
6. What is the court's view on the staffing and support of the National Human Rights Commission?
The court observed that the commission is hopelessly overworked and lacks adequate manpower and financial support from the Union of India, emphasizing that human rights must be kept on a pedestal. (Para 5 )
7. Can officers from a human rights commission be co-opted into a Special Investigation Team?
Yes, the court permitted the co-option of specific commission officers into the SIT to access investigation records, provided their services are made available to the SIT. (Para 3 , 5 )
8. How should discrepancies in the number of investigated incidents and victims be addressed for the record?
The court directed the filing of a clear statement identifying the specific incidents not being investigated and the number of victims to ensure clarity and completeness of the record. (Para 1 )
ORDER :
We have heard learned counsel for the parties including learned counsel for NHRC.
1. We find on a perusal of the record that the number of incidents and the number of victims mentioned in our order dated 14th July, 2017 are quite different from the numbers mentioned in our order dated 12th March, 2018. In fact, there is a reduction in the number of incidents investigated by the SIT and the number of victims.
For the purpose of clarity and for the information of the petitioners as also for the sake of completeness of the record, we are of opinion that there should be a clear identification of the incidents not being investigated as also the number of victims. Learned Additional Solicitor General will file a statement in this regard which can be shared with NHRC as well as learned counsel for the petitioners.
2. It has been agreed by learned counsel for the parties that since investigations are complete in four of the FIRs and the final report is under preparation and is presently being examined in accordance with the CBI Manual at some levels in the CBI, the final report should be prepared by the CBI and filed before the appropriate Court on or before 27th July, 2018.
3. With regard to the balance cases being investigated by the CBI, it is agreed that two officers of NHRC, Dr. Mahesh Bhardwaj, Sr. Superintendent of Police and Mr. Ravi Singh, Deputy Superintendent of Police be co-opted in the SIT and they will be entitled to access all records pertaining to the investigations, other than the four FIRs mentioned above. In other words, they will be members of SIT from today. We request the NHRC to make their services available to the SIT.
4. The petitioner has filed an application being Crl. MP No.1018 of 2018. The application is taken on record. Learned Additional Solicitor General has objections to the contents of the application.
A reply may be filed to this application which will be considered on its own merits on 27th July, 2018.
5. Learned counsel for the NHRC says that the NHRC is under-staffed and in fact Dr. Mahesh Bhardwaj and Mr. Ravi Singh are over-worked.
Since they have been appointed by our order today as members of the SIT, their services will be dispensed with by NHRC and made available to the SIT. As a result of this, it is submitted by learned counsel for NHRC that the work of NHRC is likely to suffer.
There is no doubt that NHRC is not being given adequate manpower support by the Union of India both in terms of the number of officers as well as the number of staff. Even with the two officers above mentioned being part of NHRC, the organization is hopelessly over-worked.
We have, therefore, requested learned Additional Solicitor General to take up the matter with some urgency with the concerned Ministry of the Government of India to ensure that human rights are kept on pedestal and the work of NHRC does not suffer due to any manpower or financial crunch. Learned Additional Solicitor General has assured us that he will take up the matter with Union of India with all earnestness and seriousness and revert.
List the matter on 27th July, 2018 at 2.00 p.m.
