The court established the principle that a writ of mandamus can be issued to compel public/statutory authorities to discharge their duties as per Section 18 of the Protection of Human Rights Act, 1993.

T.N.K. Singh, J.

1. Heard Mr. A. Nilamani Singh, learned senior counsel assisted by Mr. A. Bimol, learned Counsel for the petitioner, Mr. N. Ibotombi, learned CGSC for respondent Nos. 3 and 4 as well as Mr. Th. Ibohal, learned GA for respondent nos. 1 and 2.

2. The core question involved in the present writ petition is; whether the Human Rights Commission can file the present Writ Petition for issuing a writ of mandamus directing the State respondents to discharge their duties contemplated in Section 18 of the Protection of Human Rights Act, 1993.

3. The short facts which will suffice for deciding the core question formulated above are that: "The Manipur Human Rights Commission" was constituted by the State Government of Manipur in exercising the power conferred by Section 21 of the Protection of Human Rights Act, 1993. By virtue of Section 29 of the Protection of Human Rights Act, 1993, provisions of Sections 9, 10, 12, 13, 14, 15, 16, 17 and 18 shall also be applicable to the State Human Rights Commission, i.e., Manipur State Human Rights Commission subject to certain modifications. For easy reference, Section 29 of the Manipur Human Rights Act, 1993 is quoted hereunder:

29. Application of certain provisions relating to National Human Rights Commission to State Commission.- The provisions of Sections 9, 10, 12, 13,14, 15, 16, 17 and 18 shall apply to a State Commission and shall have effect, subject to the following modifications, namely:

(a) Reference to "Commission" shall be construed as references to "State Commission."

(b) In Section 10, in sub-Section (3), for the words "Secretary-General", the word "Secretary" shall be substituted;

(c) In Section 12, Clause (f) shall be omitted;

(d) in Section 17, in Clause (i), the words "Central Government or any" shall be omitted.

Under Section 10 of the Protection of Human Rights Act, 1993, the Commission, i.e., Manipur State Human Rights Commission, shall meet at such time and place as the Chairperson may think fit; and the commission shall regulate its own procedure and all orders and decisions of the Commission shall be authenticated by the Secretary-General or any other officer of the Commission duly authorized by the Chairperson in this behalf. For better appreciation of the present case, Sub-sections (2) and (3) of Section 10 of the Protection of Human Rights Act, 1993 are quoted hereunder:

(2) The Commission shall regulate its own procedure.

(3) All orders and decisions of the Commission shall be authenticated by the Secretary-General or any other officer of the Commission duly authorized by the Chairperson in this behalf.

4. The power and functions of the Manipur Human Rights Commission are more fully prescribed and mentioned in Section 12 of the Protection of Human Rights Act, 1993 which reads as follows:

12. Functions of the Commission--The Commission shall perform all or any of the following functions, namely:

(a) inquire, suo-motu or on a petition presented to it by a victim or any person on his behalf, into complaint of--

(i) Violation of human rights or abetment thereof ; or

(ii) Negligence in the prevention of such violation, by a public servant;

(b) intervene in any proceeding involving any allegation of violation of human rights pending before a Court with the approval of such Court;

(c) visit, under intimation to the State Government any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations thereon;

(d) review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation;

(e) review the factors, including acts of terrorism, that inhabit the enjoyment of human rights and recommend appropriate remedial measures;

(f) study treaties and other international instruments on human rights