Kamala v. The National Human Rights Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.05.2024

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE P.B.BALAJI Kamala : Petitioner versus 1.The National Human Rights Commission rep. By its Registrar, GPO Complex, Manav Adhikar Bhawan, C Block INA,New Delhi 110023 2.The State, rep. By Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai 9 3.The Director General of Prisons, Gandhi Irwin Road, Egmore, Chennai 4.The Superintendent, Central Prison, Coimbatore : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the National Human Right Commission/1st respondent to inquire into the complaint dated 16.05.2024 of the petitioner and made suitable recommendations on its within a time-frame.

For Petitioner :

Mr.Sricharan Rangarajan, Senior Counsel, for Mr.T.S.Lavanesh For Respondent No.1 :

Ms.M.P.Jaisha For Respondents 2 to 4 :

Mr.P.S.Raman, Advocate-General, assisted by Mr.D.Ravichander, Special Government Pleader

ORDER

(Made by G.R.SWAMINATHAN, J.) We have heard Mr.Srichanran Rangarajan, learned Senior Counsel for the petitioner, Ms.M.P.Jaisha, learned counsel for the first respondent and Mr.P.S.Raman, learned Advocate-General, for respondents 2 to 4.

2. The petitioner alleges that her son was subjected to human rights violation at the hands of police. A formal complaint dated 16.05.2024 has been lodged before the first respondent. It is not in dispute that no other statutory body has taken cognisance of the subject-matter. Therefore, there is no impediment for the first respondent to go into the issue.

3. Learned Standing Counsel for the first respondent informs the Court that the petition mentioned complaint will be put-up before the first respondent.

4. We direct the first respondent to inquire into the petition mentioned complaint. Notice shall be issued to all the parties concerned. A final order shall be passed on merits and in accordance with law, within a period of four months. We make it clear that we have not gone into the merits of the matter. All contentions, including the issue of jurisdiction, are kept open.

5. The writ petition stands disposed of. There shall be no order as to costs. Consequently, WMP No.15394 of 2024 is closed. (G.R.S., J.) (P.B.B., J.) 24.05.2024 Index : Yes/No : Yes/No tar

G.R.SWAMINATHAN, J.

and P.B. BALAJI, J.

(tar) To 1.The Registrar, National Human Rights Commission GPO Complex, Manav Adhikar Bhawan, C Block INA,New Delhi 110023 2.The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai 9 3.The Director General of Prisons, Gandhi Irwin Road, Egmore, Chennai 4.The Superintendent, Central Prison, Coimbatore 24.05.2024