HR Commission recommendations not binding on State: HC

Kashmir Times. Dated: 10/10/2019 4:30:15 AM

JAMMU, Oct 9(JNF): In a far reaching judgement, Justice Ali Mohammad Magrey Wednesday held that the “recommendations of Human Rights Commission are not binding on the State.”
This significant judgment came in a petition filed by one Nazir Begum seeking that a writ of mandamus be passed in her favour and against the respondents (State) and the respondents be commanded to implement the recommendations of Human Rights Commission and thereby be directed to pay ex-gratia relief to the petitioner. She also sought that the respondents be commanded to appoint the elder son of the petitioner under SRO 43.
Justice Magrey held that the “recommendation of Human Rights Commission are not binding, more so, when it (State) has denied the claim of the petitioner that her deceased husband (Abdul Ahad Malik) died in a militancy related incident.”
Justice Magrey, while dismissing the petition, observed, “The objections of Deputy Commissioner, Bandipora, which have reference to the letter of AIG (HQRS) Vigilance Organization dated 10.07.2008, are disputing the cause of death of the deceased related to some accident/violence by security forces. The respondents have disputed the claim of the petitioner that her husband died in a militancy related incident and have in fact stated that the said deceased died a natural death. From the perusal of the pleadings too, it is not forth coming that the deceased died in a militancy related incident, therefore, disputed questions of fact are involved in the present case, which cannot be determined/adjudicated by this Court and no relief can be passed on disputed question of facts.”
High Court further observed, “The petitioner has to approach a civil court for establishment of her right before filing a writ petition and the recommendations of Human Rights Commission are not binding on the respondents, more so, when they have denied the claim of the petitioner that the deceased (Abdul Ahad Malik) died in a militancy related incident.”

 

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