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IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
T.S. SIVAGNANAM, HIRANMAY BHATTACHARYYA, JJ.
The National Human Rights Commission and Others - Appellants
Versus
The West Bengal State Election Commission and Others - Respondents
MAT No. 1202 of 2023, IA No. CAN 1 of 2023
Decided On : 05-07-2023
NATIONAL HUMAN RIGHTS COMMISSION - JURISDICTION - APPOINTMENT OF OBSERVER - ELECTION COMMISSION - JURISDICTION - ELECTION PROCESS - INTERFERENCE - PANCHAYAT ELECTIONS - WEST BENGAL - 2023 - PROTECTION OF HUMAN RIGHTS - SUO MOTU ACTION - VALIDITY.
Fact of the Case:
The National Human Rights Commission (NHRC) suo motu initiated action based on a media report and appointed a Special Human Rights Observer to identify sensitive constituencies in West Bengal for the upcoming Panchayat elections, citing a potential risk of violence. The State Election Commission (SEC) challenged this order, arguing that NHRC lacked jurisdiction to interfere with the plenary powers of SEC, which is a Constitutional authority. The NHRC contended that its actions were within its powers under the Protection of Human Rights Act, 1993, to take pre-emptive measures to protect human rights.
Finding of the Court:
The Court held that the NHRC's order was not supported by any specific complaint of human rights violation or negligence by a public servant, as required under Section 12(a) of the Protection of Human Rights Act, 1993. The Court also noted that the NHRC had not conducted any independent verification of the media report before initiating its action. The Court further held that the appointment of an observer by the NHRC would encroach upon the exclusive jurisdiction of the SEC to conduct free and fair elections, as provided under Article 243K of the Constitution and the West Bengal Panchayat Elections Act, 2003. The Court also observed that the NHRC's action was barred by the principle of judicial restraint, as the matter was already subjudice before the Court and the Hon'ble Supreme Court.
Issues: 1. Whether the NHRC had jurisdiction to suo motu initiate action based on a media report and appoint an observer for the Panchayat elections in West Bengal. 2. Whether the NHRC's actions encroached upon the exclusive jurisdiction of the SEC to conduct free and fair elections. 3. Whether the NHRC's action was barred by the principle of judicial restraint, as the matter was already subjudice before the Court and the Hon'ble Supreme Court.
Ratio Decidendi: 1. The NHRC's powers to inquire into complaints of human rights violations are limited to specific complaints and do not extend to suo motu action based on media reports. 2. The SEC, being a Constitutional authority, has exclusive jurisdiction to conduct free and fair elections, including the appointment of observers. 3. The NHRC's action was barred by the principle of judicial restraint, as the matter was already subjudice before the Court and the Hon'ble Supreme Court.
Final Decision: The Court dismissed the appeal filed by the NHRC, upholding the order of the learned single bench which had set aside the NHRC's order appointing an observer for the Panchayat elections in West Bengal.
JUDGMENT :
T.S. Sivagnanam, Hiranmay Bhattacharyya, JJ.
1. This intra court appeal filed by the National Human Rights Commission (NHRC) is directed against the order dated 23.06.2023 in WPA No. 14119 of 2023 filed by the West Bengal State Election Commission (SEC). The State Election Commission had impugned an order passed by the NHRC dated 12.06.2023 whereby the NHRC deputed its Director General (Investigation), the second appellant herein as a Special Human Rights Observer to apprise firsthand information of recent incidents and to conduct and on the spot survey of the State of West Bengal in consultation with SEC to identify the sensitive constituencies where such violation is likely to occur relating to Panchayat polls. The order further stated that once the sensitive areas are identified the second appellant will submit a comprehensive report to the Commission for deployment of Micro Human Rights Observers in all sensitive constituencies in the State during and after the Panchayat polls either by engaging special rapporteurs or special monitors of NHRC with a sole objective to protect basic human rights of the people by ensuring no violence takes place in Panchayat election in the State of West Bengal. The NHRC issued notices to the Chief Secretary, Government of West Bengal and Director General of Police, West Bengal to provide assistance to the second appellant and also ensure that the law and order is maintained within the state during the entire process of Panchayat polls starting from filing nomination papers till the time the result is declared and also on subsequent days and action taken report was called for within two weeks. Further the order states that notices is also issued to the Secretary of the State Election Commission for taking effective steps so as to ensure no human rights violation pre and post panchayat polls which includes modalities to facilitate the second appellant in identifying the sensitive districts/areas of the State of West Bengal where there may be the need to deploy Micro Human Rights Observers of the Commission and action taken report to be submitted within two weeks. Notice was also issued to the Secretary, Ministry of Home Affairs, Government of India to inform measures proposed by it to prevent any kind of human rights violation within the State of West Bengal during and after the Panchayat elections and action taken report was called for within two weeks.
2. The State Election Commission challenged the said order passed by the NHRC dated 12.06.2023 by contending that NHRC had no jurisdiction to pass such an order and in this regard, referred to Section 12 of the Protection of Human Rights Act, 1993 (the 1993 Act). Further it was contended that the Election Commission is a Constitutional Authority and the NHRC being a Statutory Authority has no jurisdiction to interfere with the plenary powers of SEC. Reference was made to Article 243K of the Constitution of India and also Article 243O of the Constitution of India and contended that there is a bar to interference by Courts in electoral matters. It was contended that NHRC being a statutory body is an authority sui juris and not sui generis.
3. The NHRC contended that the order passed was within the powers conferred under Section 12 of the 1993 Act more particularly under clauses (d) and (e) of Section 12 wherein the NHRC has the power to review the safeguards provided by or under the Constitution or any law for the protection of Human Rights, recommend measures for their effective implementation and/or to review the factors which inhibit the enjoyment of human rights and recommending appropriate remedial measures. Therefore, it was contended that there is power for NHRC for taking pre-emptive measures. The NHRC referred to the definition of Human Rights as defined under Section 2(1)(d) of the 1993 Act and submitted that the Human Rights have been defined as rights relating to life, liberty, equality and dignity of the individual guarantee
The NHRC's powers to inquire into complaints of human rights violations are limited to specific complaints and do not extend to suo motu action based on media reports. The SEC, being a Constitutional....
The National Human Rights Commission does not have the jurisdiction to issue pre-emptive directions regarding elections based solely on media reports and conjectures, and cannot interdict the constit....
The National Human Rights Commission is a recommendatory body under the Protection of Human Rights Act, 1993, and lacks the adjudicatory power to issue binding directions, orders, or writs to governm....
Point of law: Where the Government or any authority passes an order which is contrary to rules or law it becomes amenable to correction by the courts in exercise of writ jurisdiction
Amendments to Panchayati Raj election rules must comply with constitutional provisions, including reservation based on population, not arbitrary criteria, with necessary prior consultation.
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