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2009 Supreme(Pat) 1519

PATNA HIGH COURT
Navaniti Prasad Singh, J.
Kitabuddin Ansari S/o Isuf Ansari
Versus
Bihar State Electricity Board Through Its Chairman
CWJC No. 14410 of 2009 14459 of 2009
Decided On : DECEMBER 04, 2009

The State Human Rights Commission is the appropriate forum for adjudicating and deciding on claims for compensation arising from the violation of human rights.

Headnote:

Human Rights - Electricity Board - Violation of Human Rights due to Electrocution

Fact of the Case:

Two persons were electrocuted by a high tension cable of the Bihar State Electricity Board while riding a bicycle. The petitioners, who are dependent on the deceased, sought just and adequate compensation for the untimely demise of their breadwinners, alleging negligence and violation of their human rights.

Finding of the Court:

The court directed the petitioners to make appropriate applications before the State Human Rights Commission for redressal of their grievances and complaints, stating that the Commission has the machinery and provisions to adjudicate and decide on the issue, including recommendations for compensation.

Issues: Violation of Human Rights, Negligence, Compensation

Ratio Decidendi: The State Human Rights Commission is the appropriate forum to adjudicate and decide on the issue of compensation for the violation of human rights due to the negligence of the Electricity Board.

Final Decision: The writ petitions were permitted to be withdrawn, and the petitioners were directed to pursue their claims before the State Human Rights Commission.

JUDGEMENT

1. These two writ petitions raise an issue of violation of human rights at the hands of the Electricity Board. Two persons were going on a bicycle when high tension cable of the Bihar State Electricity Board broke and both were electrocuted on the spot. Prima facie, the reports of the authorities themselves accept this fact. Petitioners, who are dependent, have been moving the authorities for fixing responsibility and for just and adequate compensation for untimely demise of their bread-earners by, prima facie, act of negligence violating their rights. It is submitted that denial of compensation in such an event is direct infringement to Human Rights. In my view, in this summary jurisdiction there may be difficulty in adjudicating upon basic fact. The State Human Rights Commission has adequate machinery and provision to make all such enquiry and decide the issue including recommendation with regard to grant of compensation. That, in the facts of the present case, would be a more appropriate forum for the petitioners to agitate the matter.

2. I, therefore, direct the petitioners of both the writ petitions to make appropriate applications before the State Human Rights Commission, which would deal with it in accordance with law for redressal of grievance and complaints of the petitioners at the earliest possible.

3. In view of these observations, learned counsel for the petitioners seeks leave to withdraw these applications to move State Human Rights Commission.

4. Leave is granted and the writ petitions are accordingly permitted to be withdrawn.

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