The provisions of the Human Rights Act do not mandate that a prosecution cannot be launched unless and until the complaint has been first inquired into or investigated by the Commission.
Rasiklal M.Gangani v. Government of Goa through Chief Secretary, (2004) 106
BOMLR 626
The Court examined the issue whether the Complainant could approach the Human
Rights Court without approaching the Human Rights Commission and the Court held that
the powers, duties and functions of both the Commission and Court are very different and
they do not overlap with each other and it held that there is no mandate that prosecution
under the Act cannot be launched unless and until complaint has been first enquired into
or investigated by the Commission - The role of commission is more recommendatory in
nature while the role of the Court is to try the offenders and punish them according to
law
Bombay High Court
Mr. Rasiklal M. Gangani vs Government Of Goa Through Chief ... on 29 March, 2004
Equivalent citations: (2004) 106 BOMLR 626
