The Human Rights Commission has the power to recommend compensation but not to direct its payment.

JUDGMENT

PRASHANT KUMAR MISHRA,CJ. - In this writ petition under Article 226 of the Constitution of India, petitioners have called in question the legality and validity of Memo C.No.7164/A6/2004 of the 3rd respondent dtd. 6/6/2005, issued pursuant to the recommendations of A.P. State Human Rights Committee, as illegal, arbitrary, without jurisdiction and to set aside the same.

2. Petitioner No.1 was working as S.I. of Police, II Town Police Station, Eluru, whereas petitioner No.2 was working as A.S.I. of Police of the same Police Station, at the relevant point of time. Around 11.20 p.m. on 1/11/2003, petitioner No.1 who was on night rounds along with a constable, reached Devi Restaurant and found that it was still open. Since the restaurant was required to be closed by 11.00 p.m., as per the Circular dtd. 1/7/2003 issued by the Superintendent of Police, Eluru, West Godavari District, petitioner No.1 instructed the owner of the restaurant to close it. At the same time, he instructed petitioner No.2 to take the persons whose shops were kept open, to the Police Station.

3. One Mothukuri Nagabhushanam who was brought to the Police Station died and Cr.No.290 of 2003 under Sec. 304 of IPC of Eluru II Town Police Station was registered against petitioner No.1 and other police personnel. Since the matter was reported in newspapers, the State Human Rights Committee had taken up the matter suo motu and after enquiry directed the Government of Andhra Pradesh vide its order dtd. 30/12/2004 in H.R. Case No.36/200 as follows:

"a) To pay a sum of Rs.4,00,000.00 (rupees four lakhs only) as compensation to Mothukuri Krishnakumari, Mothukuri Ramakumari and Mothukuri Dhanalakshmi who are the widow, second and third unmarried daughters of the deceased M. Nagabhushanam respectively for violating the fundamental right to life and liberty and causing the death of M. Nagabhushanam by its functiories the S.I. of Police Sri P. Bharathmathaji and Pentapati Seshagiri Rao, A.S.I.

b) The first daughter Mangathayuru of deceased Nagabhushanam is not awarded any compensation, as she is already married and staying with her husband at Bimadolu village.

c) We consider appropriate to apportion the compensation awarded in three equal shares, one for the widow and one each for the second and third daughters of the deceased.

d) The Committee further directs the Government to pay the compensation amount to the widow and second and third daughters of the deceased within a period of three months from the date of receipt of this order.

e) Out of the total compensation amount of Rs.4,00,000.00 the Government of A.P. may recover a sum of Rs.1,00,000.00 (Rupees One Lakh only) from S.I. of Police Sri Panja Bharath Mataji and Rs.50,000.00 (Rs. Fifty Thousand only) from Pentapati Seshagiri Rao, A.S.I.

f) The Committee further directs the Government to take appropriate disciplinary action against respondents 1 and 2 in respect of the illegalities and violations committed by them as pointed out in this order."

4. Consequent upon the order passed by the Human Rights Committee, the Superintendent of Police, West Godavari District, issued the impugned Memo dated 06- 06.2005, instructing the petitioners to pay sums of Rs.1,00,000.00 and Rs.50,000.00, respectively, in District Police Office, Eluru, in order to credit the same to the Government under proper head of account.

5. It is the contention of the learned counsel for the petitioners that Sec. 18 of the Protection of Human Rights Act, 1993 (for short, "the 1993 Act") postulates the steps during and after enquiry. However, it does not authorise the Committee or the Commission to direct for recovery of the amount from the officers concerned; as such, the order of the Human Rights Committee or, for that matter, the Memo issued by the Superintendent of Police, West Godavari, is without jurisdiction. Even otherwise, the report of the Committee is illegal and perverse for the reason that there is no evidence to establish that deceased