The Hindu : SC accepts NHRC plea

Online edition of India's National Newspaper
Tuesday, Jul 09, 2002

National

National

SC accepts NHRC plea

By Our Legal Correspondent

NEW DELHI July 8. The Supreme Court today accepted the plea of the National Human Rights Commission and transferred to itself two petitions pending in the Gujarat and Madras High Courts pertaining to the `Godhra riots' and the arrest of the former Chief Minister of Tamil Nadu and DMK president, M. Karunanidhi.

A three-judge Bench comprising the Chief Justice, B.N. Kirpal, K.G. Balakrishnan and Arijit Pasayat agreed with the Solicitor-General, Harish Salve, that there was a substantive question of law involved in it and that the matters be transferred to the apex court and ordered the transfer.

The Bench called for the records from the respective courts and directed the Registry to fix the matter for further hearing after the receipt of the records.

In July last, the NHRC had taken suo motu cognisance of the manner of arrest of Mr. Karunanidhi and called for a report from the Tamil Nadu Government. The State Government, however, took the matter to the High Court questioning the NHRC's intervention when the State had set up a Commission of Inquiry and the matter was pending in the High Court.

The NHRC initiated suo motu proceedings against the Gujarat Government following large-scale violence in wake of the Godhra train carnage and sought a report regarding steps taken to prevent further violence.

After the Gujarat Government appointed a Commission of Inquiry, a petition was filed in the High Court questioning the NHRC's jurisdiction.

The NHRC filed a transfer petition in the Supreme Court stating that under Section 12 of the Protection of Human Rights Act, it was empowered to inquire, suo motu or on a petition, into complaints of violation of human rights or abetment thereof, or negligence in the prevention of such violation.

It said that it was inquiring into incidents of alleged violation of human rights in various States and the questions raised in the petitions before the Madras and Gujarat High Courts were bound to arise and they should be settled by the Supreme Court.

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