Sunday, 2 June 2013
In case of violation of Human rights,court is bound to protect those rights without waiting for action by NHRC.
A counter affidavit is filed on behalf of the State of Manipur. In the counter affidavit there is not only a complete denial of the allegations made in the writ petition but there also seems to be an attempt to forestall any examination of the matter by this Court. The plea is taken that the National Human Rights Commission (NHRC) is the proper authority to monitor the cases referred to in the writ petition. It is stated that in regard to all the ten (10) cases highlighted in “Compilation 1” filed by the petitioners, reports have been submitted to it and in none of those cases the NHRC has recorded any finding of violation of human rights. It is stated that the occasion for this Court to examine those cases would arise only if it holds that the NHRC had failed to perform its statutory functions in safeguarding the human rights of the people in the State. This Court should not examine this matter directly but should only ask the NHRC to indicate the status of the cases listed and highlighted in the writ petition. We are unable even to follow such a plea. The course suggested by the State will completely dissipate the vigour and vitality of Article 32 of the Constitution. Article 21 coupled with Article 32 of the Constitution provides the finest guarantee and the most effective protection for the most precious of all rights, namely, the right to life and personal liberty of every person. Any indication of the violation of the right to life or personal liberty would put all the faculties of this Court at high alert to find out the truth and in case the Court finds that there has, in fact, been violation of the right to life and personal liberty of any person, it would be the Court’s bounden duty to step-in to protect those rights against the unlawful onslaught by the State. We, therefore, see no reason not to examine the matter directly but only vicariously and second-hand, through the agency of the NHRC.
Supreme Court of India
Extra Judl.Exec.Victim Families ... vs Union Of India & Anr on 4 January, 2013
Bench: Aftab Alam, Ranjana Prakash Desai
