Human Rights Commission's recommendations binding but judicially reviewable; cannot direct compensation without inquiry evidence proving public servant negligence causing human rights violation via road defects.

JUDGMENT :

BHARATI DANGRE, J.

1 The Municipal Corporation of Greater Mumbai, (hereinafter, referred to as “MCGM”), being aggrieved by the order passed by the Maharashtra State Human Rights Commission (hereinafter referred to as ‘Commission’) on 19/1/2018 in MAS No.995/2016, thereby making recommendations, in Complaint case No.995/2016 filed at the instance of respondent no.2, has approached this Court by invoking the writ jurisdiction being seeking quashing and setting aside of the said order as bad-in-law and passed exceeding its jurisdiction.

The petition also sought stay to the effect, operation implementation of the impugned order.

While issuing notice to the respondents on 22/3/2018, this Court had stayed the effect and operation of the impugned order to the extent of direction contained in paragraph no. 6B, and the order continued to remain in force.

2 We have heard learned counsel Mr. Yashodeep Deshmukh for the petitioner.

The petition has impleaded the complainant Mr.G.B.D’Souza as respondent no.1, who is represented by Advocate Manish Tomar. The respondent no.2 to the petition is the Deputy Commissioner of Police, Zone V Mumbai, and is represented before us by Ms.Purnima Kantharia, the learned Government Pleader, alongwith Smt. Jyoti Chavan, Additional Government pleader.

On the pleadings being completed, by consent of the parties, we deem it appropriate to issue ‘Rule’, which is made returnable forthwith.

3 On the fateful day, i.e. 6/4/2015, at 5:30 a.m the respondent no.1/complainant, along with his wife, aged 40 years, were travelling on his Activa Hero Honda, MH-02-BF-8564 from Bandra to Dadar, and while they were enroute at Mahim Junction, their motorcycle skid and they fell down. His wife sustained a head injury on account of the fall, and the complainant also suffered minor injuries.

On being taken for treatment to Bhabha Hospital, the wife of the complainant, Ms.Marliyn, was referred to Leelavati Hospital, as she had suffered serious injuries.

Mr. G. D’Souza, the husband of the injured lady, approached the Human Rights Commission, making a grievance that the incident in which his wife, Marilyn, sustained injuries, was on account of gross negligence of the Corporation to maintain the public streets used for commutation and, it is on account of its negligence to fill the potholes, and because of its non-curing, huge craters had occurred on the road, and while driving the two wheeler, and negotiating with the non-barricaded patch where re-surfacing work was going on, his vehicle toppled, and he along with his wife fell down and she sustained serious injuries, which put her in a coma. He, therefore, complained that it amounted to violation of human rights and necessary orders were requested to be passed, including reimbursement of the hospital expenses and issuance of appropriate directions to the State machinery who had miserably failed to protect lives of innocent citizens who are left in the lurch and resulting into rights of humans living with dignity being affected. The incident also received wide publicity in the newspaper, and the complainant relied upon the same.

4 On receipt of the complaint, the Commission registered the same as MAS/Case No. 995/2016, taking note of the grievance of the complainant about the incident which took place in the wee hours of 6/4/2015, and as the vehicle skidded in the pothole on the road, and his wife fell down and sustained serious injuries. Since the complaint sought indulgence from the Commission u/s. 8 and 12 of the Protection of Human Rights Act, 1993, the Commission sought responses from the Corporation, and accordingly, the Deputy Chief Engineer, (Road City) BMC placed his report before the Commission, which received response from the complainant in form of rejoinder. A report from Police department was also called for, with reference to the entry in the station diary vide Entry No.25/15 dated 7/4/2015 taken by Mahim Police Station, and the report of the inquiry conducted by DCP