HIGH COURT OF MADRAS
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
ABDULSATHAER – Appellant
Versus
THE PRINCIPAL SECRETARY TO – Respondent
ORDER
V.PARTHIBAN, J.
6. The origin that gave rise to the reference before this Full Bench is to be traced to divergent views expressed by two Hon'ble Judges of this Court, in their respective decisions as under.
7. In W.P.Nos.21604 to 21607 of 2000, a learned Judge of this Court, Shri Justice S.Nagamuthu, in the matter of Rajesh Das versus Tamil Nadu State Human Rights Commission and others reported in 2010 (5) CTC 589 has passed a detailed order dated 27.08.2010 answering the question placed before him for consideration as to-
'Whether the Human Rights Commissions constituted under the Protection of Human Rights Act, 1993 (hereinafter referred to 'H.R.Act') have power of adjudication in the sense of passing an order which can be enforced propri vigore ?'
8. After referring to various provisions of the 'Protection of Human Rights Act, 1993' (hereinafter, referred to 'H.R.Act') and comparing the same to the similar provisions of the Commission of Inquiry Act, 1952 (hereinafter referred to 'C.I.Act'), concluded that the recommendations made by the Human Rights Commissions are recommendatory in nature. The learned Judge has come to the conclusion on the premise that from the Statement of
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