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S. S. SUNDAR, N. SENTHILKUMAR
K. Valarmathi – Appellant
Versus
Assistant Registrar (Law), The Honourable National Human Rights Commission, New Delhi – Respondent
ORDER :
(N. Senthilkumar, J.)
This Writ Petition is filed challenging the order passed by the first respondent/National Human Rights Commission in Case No. 969/22/13/2017, dated 13.02.2023, the consequential order passed by the third respondent in G.O. (D) No.201 issued by Home (Police - HR) Department dated 20.02.2023 and further consequential order passed by the 12th respondent in proceeding in District order No.275/2023, Na.Ka.No. K2/127/4935/2023 dated 23.03.2023 and quash all the aforesaid orders.
2. Brief facts set out in the writ petition are as follows:-
According to the petitioner, the petitioner was the Investigation Officer in Crime No.572 of 2017 registered against the 13th respondent for the offence punishable under Section 394 of IPC. It is stated that on the basis of the complaint given by one Sundaravelu, the first respondent/National Human Rights Commission has given its recommendation dated 13.02.2023 against the petitioner herein.
2(a) The petitioner herein contends that based on the complaint, that there was a large number of prisoners in the prisons of Tamil Nadu were subjected to torture, the first respondent was pleased to initiate proceedings on the above compla
The NHRC lacked jurisdiction to act on the complaint due to the one-year limitation under Section 36(2) of the Protection of Human Rights Act, 1993, and failed to provide due process to the petitione....
The NHRC lacked jurisdiction to take cognizance of the complaint beyond the limitation period specified in the Protection of Human Rights Act, 1993.
The court emphasized that human rights commission findings should not interfere with ongoing criminal prosecution, highlighting the need for clear evidence when linking law enforcement officers to al....
The main legal point established is that the writ of certiorari is issued to correct errors of jurisdiction, and the protection of human rights is a fundamental aspect of the legal framework.
The Human Rights Commission lacks jurisdiction in private property disputes and must not interfere in cases already pending in civil courts.
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