High Court of J&K Clarifies That Residents of J&K May Approach NHRC for Grievances on Violation of Human Rights as State Commission Was Wound Up [READ JUDGMENT]

The Srinagar bench of the Jammu and Kashmir High Court has suggested that the residents of Jammu and Kashmir, if having any grievance regarding violation of their human rights, may have to approach the National Human Rights Commission. 

A public spirited person, Chairman of J&K Reconciliation Front and a Kashmiri Pandit in its petition submitted that there was blatant violation of the human rights in the fake encounter where three labourers, namely, Ibrar Ahmad, Mohammed Ibrar and lmtiaz Ahmad aged about 16, 21 and 26 years, respectively were killed on 18.07.2020 at Shopian. FIR was registered at Police Station, Hirpora, Shopian. It was termed as an encounter with the terrorists. However, was found to be fake. This was even admitted by the subsequent press release given by the Armed Forces.

The petitioner contended that the guidelines laid down therein by Hon‟ble the Supreme Court in exercise of powers under Section 142 of the Constitution of India are not being followed. The entire evidence will be destroyed, in case immediate action is not taken in the matter.

The petitioner further argued that after the promulgation of the Jammu and Kashmir Reorganization Act, 2019 (for short „the Reorganization Act‟), the Jammu and Kashmir State Human Rights Commission ceased to exist and presently, there is no Human Rights Commission in the Union Territory of J&K, though Section 21 of the Protection of Human Rights Act, 1993 (for short „the 1993 Act‟) provides for constitution of Human Rights Commissions in every State and the Union Territory. In the absence of a Forum, the aggrieved parties are not able to get redressal of their grievances.

He further submitted that in terms of Section 30 of the Protection of Human Rights Act, 1993 Human Rights Courts are to be constituted at all places. 

The court on perusal of the petitioner prayers viz-a-viz the prayers made in the writ petition filed by the parents of the deceased, the court finds that both the prayers are same in terms of relief hence present petition in public interest cannot be entertained.

With regards to the Constitution of Human Rights Courts in the Union Territory of J&K is concerned, the court needlessly added that vide notification dated 07.02.2019 issued by the Department of Law, Justice and Parliamentary Affairs, Government of J&K, the Court of the learned Principal Sessions Judge of each district has been designated as Human Rights Courts. 

With regards to the constitution of the State Human Rights Commission in Union Territory of J&K is concerned, a perusal of Section 21 of the 1993 Act provides for Constitution of a Human Rights Commission in the States. After enactment of the Reorganization Act, the Jammu and Kashmir ceases to be a State as now it is a Union Territory w.e.f. 31.10.2019.

The Court remarked that “Prior to the enactment of the Reorganization Act, the Jammu & Kashmir Protection of Human Rights Act, 1997 was applicable in J&K. In exercise of powers conferred thereunder, the J&K State Human Rights Commission had also been constituted, which was wound up after the enactment of the Reorganization Act. The residents of J&K, if having any grievance regarding violation of their human rights, may have to approach the National Human Rights Commission.”

[READ JUDGMENT]