The Hindu : NHRC meets to discuss PIL against intervention in Gujarat

Online edition of India's National Newspaper
Friday, Mar 29, 2002

National

National

NHRC meets to discuss PIL against intervention in Gujarat

By J. Venkatesan

NEW DELHI March 28. The National Human Rights Commission, which met here today, could not consider the "comprehensive'' report submitted by the Gujarat Government on the communal violence in the State following the Godhra train carnage.

Commission sources told The Hindu that 19 pages were found missing in the report sent by the State Government on Wednesday and after it was pointed out, a copy of the complete report was sent today.

Though some preliminary discussions took place, as the report is in three volumes, the Commission is likely to consider it fully only on April 1.

Meanwhile, the Commission discussed the strategy to be adopted in the public interest litigation petition filed in the Gujarat High Court challenging the NHRC's jurisdiction to intervene in the enquiry when the State Government had already set up a judicial commission to probe the incidents.

It might be recalled that a similar situation arose in July last when the Tamil Nadu Government raised preliminary objection questioning the jurisdiction of the NHRC when it served notice regarding alleged violation of human rights in the arrest of the DMK president and former Chief Minister, M. Karunanidhi, and two Union Ministers, Murasoli Maran and T.R. Baalu.

The Tamil Nadu Government took the stand that as it had set up an enquiry commission headed by a retired High Court judge, the NHRC had no right to intervene in the matter.

The Commission passed a detailed order rejecting the State Government's plea for deferring the proceedings for three to four months till the State enquiry commission furnished its report.

On the contrary, the NHRC said that it would be appropriate for the Justice Raman Commission of enquiry, appointed by the State Government, to defer its probe till the NHRC completed its proceedings.

The NHRC had made it clear that its jurisdiction was excluded only when the subject matter of the enquiry was pending before the ``State appointed commission'' before the NHRC took cognisance of the same.

Therefore, the NHRC is likely to submit to the Gujarat High Court that it had taken suo motu cognisance of the incidents and had ordered notice to the Gujarat Government prior to the setting up of an enquiry commission and that its jurisdiction could not be ousted.

Sources in the NHRC regretted that its proposal sent to the Union Government two years ago suggesting certain amendments to the Human Rights Protection Act to confer more ``teeth'' to the Commission is yet to be approved.

Send this article to Friends by E-Mail

National