The main legal point established in the judgment is that the State Human Rights Commission has the authority to direct compensation to the next of kin of a deceased in compliance with the provisions of the Protection of Human Rights Act, 1993.

JUDGMENT

Biswanath Rath, J. - This matter is taken up through video conferencing mode.

2. Sole ground of challenge to the impugned order is that when the Odisha Human Rights Commission is only authorised to recommend for enquiry or any action against the public authority, it has no authority to direct for payment of compensation.

3. Though there is allegation that there should have been enquiry before coming to such ascertainment, learned counsel for the Petitioners admitted that there has been involvement of an enquiry however it is urged by Sri Tripathy that the enquiry involved cannot facilitate determination of compensation. Sri Tripathy also submitted that since use of electricity by manipulation and/or theft the user of such electricity should have been made liable and shifting liability on the head of petitioner remain improper. It is in the premises, a request is made for interfering with the impugned order and setting aside the same for the Commission exceeding powers under the provision of the Protection of Human Rights Act, 1993.

4. Considering such submission particularly at the stage of admission, this Court finds, the provision of Section 12 of the Protection of Human Rights Act, 1993 while discussing the functioning of the Commission including enquiry into complain on violation of Human Rights or abatement thereof. Vide Section 13, it provides power relating to enquiry. Similarly, though Section 16 gives power of the Commission to give hearing opportunity to persons likely to be affected and through Section 18, it provides power of the Commission to recommend the concerned govt. authority to make payment of compensation or damages to the complainant or to the victim members of the family as the Commission may consider necessary. It appears though sub-section (C) of Section 19, the Commission has even the power to recommend to the concerned govt. authority at any stage of the enquiry for grant of such immediate interim relief to the victim or the family members of his family. For relevancy of Sections 12, 13, 16 and 17 of the Protection of Human Rights Act, 1993 is taken into consideration 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 [or on a direction or order of any court]1, 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, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the Government;

(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 inhibit the enjoyment of human rights and recommend appropriate remedial measures;

(f) study treaties and other international instruments on human rights and make recommendations for their effective implementation;

(g) undertake and promote research in the field of human rights;

(h) spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means;

(i) encourage the efforts of non-governmental organisations and institutions working in the field of human rights;

(j) such other functions as it may consider necessary for the protectio