The main legal point established in the judgment is the obligation of the Human Rights Commission to conduct inquiries in accordance with the provisions of the Protection of Human Rights Act, 1993, and to provide a reasonable opportunity of being heard to the concerned parties.

M. VENUGOPAL, J.

1. Heard the Learned Counsel for the Petitioner and the Learned Standing Counsel for the 1st Respondent/Commission. By consent, the main Writ Petition is taken up for final disposal.

2. The grievance of the Petitioner is that necessary orders may be passed by this Court in directing the 1st Respondent/Commission to conduct an Enquiry on his complaint dated 21.10.2014 in C.C.No.7426 of 2014 in accordance with Law and to complete the same within a time frame to be determined by this Court.

3. It comes to be known that the Petitioner in his complaint dated 21.10.2014 addressed to the Chairman of the 1st Respondent/Commission and others had prayed for taking necessary action against the concerned Policemen mentioned in the complaint and also sought for an order being passed in regard to the return of Articles/properties which were taken from him. In short, the Petitioner, in his complaint afore stated, had stated that the action of the Police Department is in violation of Human Rights.

4. It appears that the Petitioner had addressed a representation dated 02.04.2016 and later, addressed another representation on 26.04.2017. In spite of the same, the Petitioner's complaint dated 21.10.2014 and the subsequent representations dated 02.04.2016 and 26.04.2017 had not met with any positive response. Hence, the Petitioner has filed the present Writ Petition.

5. It is to be noted that Section 13 of the Protection of Human Rights Act, 1993, refers to the 'Powers relating to Inquiries' which runs as follows:

“(1)The Commission shall, while inquiring into complaints under this Act, have all the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), and in particular in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of witnesses and examining them on oath;

(b) discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any Court or office;

(e) issuing commissions for the examination of witnesses or documents:

(f) any other matter which may be prescribed.

(2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code (45 of 1860).

(3)The Commission or any other officer, not below the rank of a Gazetted Officer, specially auhtorised in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies there from subject to the provisions of section 100 of the Code of Criminal Procedure, 1973 (24 of 1974), insofar as it may be applicable.

(4) The Commission shall be deemed to be a civil Court and when any offence as it described in section 175, section 178, section 179, section 180 or section228 of the Indian Penal Code (45 of 1860) is committed in the view or presence of the Commission, the Commission may, after recording the facts constitution the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (2 of 1974) forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973 (2 of 1974).

(5) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section