NHRC seeks report on SHRC revival in six weeks

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NHRC seeks report on SHRC revival in six weeks
KG News Desk
Srinagar, June 3: The National Human Rights Commission has directed state government through its chief secretary and Ministry of Home Affairs, Government of India, to submit a detailed action taken report (ATR) within six weeks about the revival of State Human Rights Commission.
In its complaint, J&K Peoples Forum, an NGO, stated that about 2500 complaints are pending before the SHRC.
“The Government has failed to discharge its constitutional obligations causing prolonged agony to the thousands of the complainants,” it said and prayed the NHRC to ask the state government to take immediate measures for reconstitution of the SHRC.
“Pending such reconstitution, the Government may empower any of the officers available in the Commission’s Office to conduct preliminary proceedings in the pending cases,” it said.
Among others, the SHRC is empowered to inquire, suo moto or on a petition presented to it by the victim or any person on this behalf, into complaint of violation of human rights or its abetment; or negligence in the prevention of the violation by a public servant. It can also intervene in any proceeding involving any allegation or violation of human rights pending before a court with the approval of such court and visit any jail or any other institution for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations
“The powers and functions assigned to the SHRC as well as the powers conferred to make enquiries, as contemplated under Section 14 of the Act and investigation under Section 15, we are of the view that the State Government has failed in its obligation/duty cast upon it under the Act and, therefore, this Court has to issue directions as it is a settled principle of law that if there is inaction on the part of the State Government in carrying out the obligation/duty, the Courts are duty bound to step-in and issue directions,” the division bench had said.
The SHRC was left defunct on June 28 2014 when two of its members, among them Rafiq Fida who was also serving as its acting chairperson, completed their term. The other retired member was Amlok Singh.