NHRC not complying with Delhi High Court orders
- ACHR cries contempt of court -
New Delhi: Releasing the report, “ACHR’s Action Against Torture and Other Forms of Human Rights
Violations in India”, New Delhi based Asian Centre for Human Rights (ACHR) today
stated that the National Human Rights Commission has not been complying with
the orders of the Delhi High Court in an act of contempt of the Court. In the report, ACHR which had filed 531 complaints
with the NHRC as of 30 April 2009 shares experiences of 186 complaints adjudicated
by the NHRC so far.
Asian Centre for Human Rights filed
29 writ petitions before the Delhi High Court against violations of the
principles of natural justice by the NHRC. The NHRC, despite being a civil
court, does not accord the complainants equal access to the documents submitted
by the authorities, equal time and equal opportunity to submit replies. Often,
the NHRC adjudicates the complaints without hearing the complainants.
On 8 December 2008, the Delhi
High Court directed the NHRC to re-open and re-adjudicate the complaints pertaining
to the rape of a pregnant Adivasi woman by army personnel in Assam [Writ
Petition (Civil) No.9338 of 2007] and torture of Arjun Paswan by Railway Police
personnel in Bihar (Writ Petition (Civil) No.9326 of 2007). Seven months have
elapsed but the NHRC has failed to re-open the cases.
On 8 December 2008, the Delhi
High Court also directed the NHRC to provide all relevant documents to ACHR in six
writ petitions to enable ACHR to review the proceedings with the liberty to
approach the Court if it is unsatisfied. These writ petitions relate to unprovoked
use of fire-arms against Kiran Rai, West Bengal[WP(C) No.6065 of 2008]; custodial death of Senthil, Tamil Nadu [WP(C)
No.6070 of 2008]; extrajudicial execution of Zangokhopao Kuki, Manipur [Writ
Petition (Civil) No.6077 of 2008]; rape and extrajudicial execution of Thangjam
Manorama Devi, Manipur [WP(C)No.6082 of 2008], extrajudicial execution of Lourembam
Maipak & 2 others, Manipur [WP(C)No.6083 of 2008] and custodial death of
Ramesh, Karnataka [WP(C)No.6084 of 2008].
Until today, the NHRC failed to supply the documents pertaining to these cases
to the ACHR.
“This willful disregard of the orders of the
Delhi High Court by the NHRC amounts to contempt of the court.” – stated Mr
Suhas Chakma, Director of Asian Centre for Human Rights.
The most grotesque practice of
the NHRC is the failure to consider evidence of human rights violations
submitted by the police in the adjudication of the complaints. The Deputy
Superintendent of Police, Deogarh, Jharkhand had enclosed the Out Patient
Department (OPD) Slip dated 12 December 2007 which stated that victim Ganesh Barnwal, a Public Call Office operator was
“unable to walk” as he had “pain in whole body” as a result of torture. However,
the NHRC dismissed the complaint (No. 1309/34/3/07-08) on the grounds that ACHR
“has not sent the copy of the OPD slip of the hospital and medical treatment
given to the victim” which the police had already provided!
Though the NHRC had awarded Rs 50.3
lakhs into the 26 complaints filed by Asian Centre for Human Rights, the
punishment included only dismissal of three law enforcement personnel from
service and arrest of three law enforcement personnel pending trial and departmental
action had been taken against 29 law enforcement personnel.
“The degree of punishments are
very lenient and therefore, does not act as deterrent against offences such as
torture and summary executions by the law enforcement personnel”. – stated Mr
Chakma.
[Ends]