Stating that the Punjab State Human Rights Commission (PSHRC) is only a “recommendatory body”, the Punjab and Haryana high court (HC) stayed the panel’s October 13 order, where it directed the registration of a criminal case against five police officers, including a former station house officer (SHO) in Jalandhar, in a 2023 criminal case.
“From the aforesaid (content of the petition), it is quite evident that the Human Rights Commission has gone beyond its brief by issuing, directions and orders, to be complied with by the executive authorities, instead of recommending,” the bench of chief justice Sheel Nagu and justice Sanjiv Berry observed while staying the order and asking the rights panel for a response by January 13.
The petition was from inspector and former SHO of Jalandhar’s Division No 3 police station, Gagandeep Singh Sekhon, assistant sub-inspectors (ASIs) Satnam Singh and Makhan Singh, and constables Gurpreet Singh and Harsimranjit Singh, against the October 13 order in which Jalandhar police commissioner was directed to take “appropriate action” and register criminal case for kidnapping, causing injury and criminal conspiracy.
The court noted that if the scheme of the Protection of Human Rights Act 1993, is seen, the same clearly reveals that the commission is merely a recommendatory body, who, after completing the inquiry on a complaint filed, in a criminal case registered in July 2023 is authorised to make its recommendations to the state government, who, in turn takes the final call on whether to accept or reject the recommendations.
{{/usCountry}}The court noted that if the scheme of the Protection of Human Rights Act 1993, is seen, the same clearly reveals that the commission is merely a recommendatory body, who, after completing the inquiry on a complaint filed, in a criminal case registered in July 2023 is authorised to make its recommendations to the state government, who, in turn takes the final call on whether to accept or reject the recommendations.
{{/usCountry}}“If the recommendations of the state human rights commission are not accepted, then Section 18(b) of the Act of 1993 empowers the human rights commission to approach the HC or the Supreme Court,” the court further noted.
The panel had acted on a complaint from one Ankush Gupta, who alongwith his brother was arrested in a brawl case reported in July 2023. He had alleged torture by the police and approached the panel in April 2024.
The cops’ petition in HC had stated that the commission exceeded its jurisdiction by ordering registration of a criminal case and overlooked the evidence produced by the cops.