A Rajarajan v. The Chairperson And Members National Human Rights Commission

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5779/2018 A RAJARAJAN ..... Petitioner Through Mr. Sabarish Subramanian and Mr. A.

Rajarajan, Advs.

versus THE CHAIRPERSON AND MEMBERS NATIONAL HUMAN RIGHTS COMMISSION ..... Respondent Through None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 25.05.2018 C.M. Appl. No.22526/2018 Allowed, subject to just exceptions.

W.P.(C) 5779/2018 The only prayer made in the writ petition is that the representation dated 23.05.2018 be taken up for consideration by the respondent/National Human Rights Commission (NHRC) at the earliest. This representation relates to the death of protesters in Thoothukudi district in the State of Tamil Nadu. 2.1 The protest, it appears, is against the continued presence of the Vedanta Copper Sterlite Factory in the abovementioned district. A perusal of the averments made in the writ petition would show that the respondent/NHRC has suo motu called for reports from the Chief Secretary, Government of Tamil Nadu and the Director General of Police of the State.

W.P.(C) No.5779/2018 Pg.1 of 2

3.1 According to the petitioner, the respondent/NHRC should consider the representation made by the petitioner and trigger an independent inquiry based on the provisions of Sections 14 & 17 of the Protection of Human Rights Act, 1993 (in short „Act‟). Having regard to the facts and circumstances of the case and, given the fact that the respondent/NHRC has called for reports, at this stage, the Court is inclined, only, to give liberty to the petitioner to appear before the respondent/NHRC for obtaining suitable directions. Accordingly, the aforementioned representation filed by the petitioner will be placed before the respondent/NHRC on 29.05.2018, for appropriate directions.

It is made clear that nothing stated hereinabove will impact the merits of the case.

The petition is disposed of in the above terms. The Registry will dispatch a copy of this order to the Registrar, NHRC.

Dasti under signatures of the Court Master.

RAJIV SHAKDHER, J MAY 25, 2018 W.P.(C) No.5779/2018 Pg.2 of 2