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.

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.