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LATEST NEWS UPDATES | No end in sight to face-off between NHRC, J&K govt -Maneesh Chhibber

No end in sight to face-off between NHRC, J&K govt -Maneesh Chhibber

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published Published on Oct 9, 2012   modified Modified on Oct 9, 2012
-The Indian Express

The long-standing tiff between the National Human Rights Commission and the National Conference-Congress led government in Jammu and Kashmir on the issue of jurisdiction in cases involving alleged human rights violations is yet to be resolved.

The latest flashpoint is the high court stay that the government has managed to get on NHRC proceedings in 34 pending cases of alleged human rights violations, most of them against security forces and state police.

Among the NHRC cases that have been stayed is the case involving the death of a 19-year-old girl and minor boy in firing by security forces during a clash in the summer of 2010. “In the court, the government took the stand that the NHRC does not have jurisdiction to take up issues of human rights violations in the sate. The court has stayed the proceedings. We will apprise the court that the government assertion is wrong,” said an NHRC official.

The stand-off is not the first of its kind. Two years ago, the government got a stay order from HC in a case of custodial death where the NHRC asked the government to pay Rs 5 lakh as compensation to the kin of victim. The victim, a rickshaw puller, had died in police custody after he was picked up from Amritsar, Punjab, for being allegedly involved in burglaries in Jammu.

More recently, in June, the state government sought a HC stay against NHRC proceeding that was initiated based on a plaint filed by a BJP MP. The MP had challenged the government move to stop the Ekta Yatra of the party last year.

In its interim order, the NHRC had pulled up the government for disallowing the Leader of Opposition in the Lok Sabha Sushma Swaraj, Leader of Opposition in the Rajya Sabha Arun Jaitley and many others from going to Srinagar’s Lal Chowk on Republic Day to hoist the national flag.

NHRC sources said the issue of the commission having jurisdiction over cases of rights violations in J&K was effectively decided by the Full Commission in 1999, when former Chief Justice of India M N Venkatachaliah was the chairperson. Dealing with a case of Kashmiri Pandit migrants, the full commission had held that it had the authority to deal with cases pertaining to the state.

The Indian Express, 9 October, 2012, http://www.indianexpress.com/news/no-end-in-sight-to-faceoff-between-nhrc-j-k-govt/1013901/


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