Investigating powers of NHRC

Hyderabad: This article is about National Human Rights Commission as part of the series that deals with Constitutional and Statutory bodies. Investigation powers of the Commission – While inquiring into complaints under the Act, the Commission shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, […]

Hyderabad: This article is about National Human Rights Commission as part of the series that deals with Constitutional and Statutory bodies.

Investigation powers of the Commission – While inquiring into complaints under the Act, the Commission shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular the following, namely;
a) Summoning and enforcing the attendance of witnesses and examining them on oath;

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b) Discovery and production of any document;
c) Receiving evidence on affidavits;

d) Requisitioning any public record or copy thereof from any court or office;
e) Issuing commissions for the examination of witnesses or documents;

f) Any other matter which may be prescribed.
The Commission has its own investigating staff headed by a Director General of Police for investigation into complaints of human rights violations. Under the Act, it is open to the Commission to utilize the services of any officer or investigation agency of the Central Government or any State Government. The Commission has associated, in a number of cases, non – Governmental organizations in the investigation work.

The Commission is autonomous in its functioning. The autonomy of the Commission is ensured through the method of appointing its Chairperson and Members, their fixity of tenure, and statutory guarantees thereto, the status they have been accorded and the manner in which the staff responsible to the Commission – including its investigative agency – will be appointed and conduct themselves.
Powers of NHRC with respect to the armed forces –

The Commission may on its own motion or on the basis of petitions made to it on allegations of human rights violations by armed forces, seek a report from the Central Government. On receipt of the report, it may either not proceed with the complaint or, as the case may be, make its recommendations to the Government. According to the Act, the Central Government shall inform the Commission of the action taken on the recommendations within three months or such further time as the Commission may allow. It is further stipulated that the Commission shall publish its report together with its recommendations made to the Central Government and the action taken by that Government on such recommendations. A copy of the report so published will also be given to the petitioner.
Complaints of the following nature are not entertained by the Commission:

a) In regard to events which happened more than one year before the making of the complaints;
b) With regard to matters which are sub-judice;

c) Which are vague, anonymous or pseudonymous;

d) Which are of frivolous nature;
e) Which pertain to service matters.

To be continued

By Shikara Academy