V.Suresh v. The Inspector Of Police

W.P.No.13386 of 2022 and W.M.P.No.13074 of 2023 D.KRISHNAKUMAR, J.

and P.

DHANABAL , J.

This writ petition has been filed, challenging the order of the second respondent/State Human Rights Commission, on the ground that the second respondent Commission has failed to take note of Section 36(2) of the Human Rights Act, 1993, which bars the jurisdiction to entertain a complaint by the second respondent, after the expiry of one year from the date of alleged act to have committed and also Section 9(c) of the State Human Rights Commission Rules, 1993, which bars the second respondent to take a complaint on file when the same is pending before this Court.

2. Despite this, the second respondent has taken the complaint on file and passed order, which is contrary to the above provisions.

3. In view of the above, prima facie case has been made out. Therefore, there shall be an order of interim stay for a period of four weeks.

4. Issue notice to the respondents, returnable in four weeks. Private notice is also permitted.

5. Post the matter after four weeks.

(D.K.K., J.) (P.D.B., J.) 09.06.2023 mrn https://www.mhc.tn.gov.in/judis

D.KRISHNAKUMAR, J.

and P.

DHANABAL , J.

W.P.No.13386 of 2022 and W.M.P.No.13074 of 2023 09.06.2023 https://www.mhc.tn.gov.in/judis