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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sheel Nagu, CJ, Sanjiv Berry, J
Jagdish Arora – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. challenge to nhrc's authority to issue binding directions as an adjudicatory body. (Para 1 , 2) |
| 2. commission functions as a purely recommendatory body under the 1993 act. (Para 3) |
| 3. statutory analysis of powers vested in the nhrc, confirming recommendatory status. (Para 4) |
| 4. quashing of mandatory directions issued by the nhrc. (Para 7 , 8) |
SHEEL NAGU, C.J.
1. The writ as well as supervisory jurisdiction of this Court under Article 226 read with Article 227 of the Constitution of India is invoked seeking quashing of order dated 10.01.2019 (Annexure P-5) passed by respondent No.2-National Human Rights Commission, along with Enquiry Report in case No.1179/7/3/2018 (Annexure P-6), on the ground that under the Protection of Human Rights Act, 1993 (for brevity ‘The 1993 Act’), respondent No.2-Commission is not an adjudicatory authority, but a mere recommendatory body and therefore, the impugned order, to the extent that it issues directions to the Police Commissioner, Faridabad and the Chief Secretary, Government of Haryana, is vitiated in law.
2. The factual matrix in the instant case disclose that respondent No.3/complainant preferred a complaint dated 06.06.2018 a
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