- (1.) State of Uttar Pradesh has filed this writ petition against interim recommendation of the Human Rights Commission for payment of Rs. 1 lac as compensation to respondent No. 2 in respect of an incident, which had taken place on 27.5.2010 at Agra. According to the petitioner-State of U.P. the recommendation is unjustified, inasmuch as, respondent No. 2 had involved himself in illegal activities and in respect thereto a First Information Report was lodged and a charge-sheet had been filed implicating him for causing loss to the public property etc. Reference is also made to the criminal cases, which are said to be pending against respondent No. 2 since 2005. From the order sheet, we find that notices were issued to Human Rights Commission for the first time on 7.2.2014. Fresh steps were directed to be taken for service upon respondent No. 1 by registered post under orders of the High Court, which was also complied with and fresh notices were issued to respondent No. 1 i.e. Human Rights Commission on 25.8.2014 fixing 18.9.2014 as the date. Office report dated 18.9.2014 records that neither the acknowledgement due has been received back nor the registered envelope has been returned undelivered.
(2.) In view of aforesaid, service upon respondent No. 1 is deemed sufficient under Chapter 12 Rule 10 of the High Court Rules. Nobody is present on behalf of respondent No. 1 even in the revised reading of the cause list.
(3.) So far as respondent No. 2 is concerned, he is represented by Shri P.S. Gopal, Advocate. It is contended on his behalf that the writ petition at this stage is wholly misconceived, inasmuch as, if the State does not accept the recommendation of the Human Rights Commission then the Human Rights Commission can get its recommendation enforced by approaching the High Court or the Supreme Court in accordance with the provisions of Section 18(b) of the Protection of Human Rights Act, 1993. He further points out that there is a power with the Human Rights Commission to provide interim compensation under Section 18(c) of the same Act. He also disputes the factual averments, which have been made on behalf of the petitioner-State of U.P. in the present writ petition qua the respondent No. 2 having indulged in unlawful activity on the date of incident or his being involved in criminal cases as suggested by the State. Having heard counsels for the parties and after examining the records of the present writ petition, we feel it proper to examine the procedure in the matter of inquiry to be conducted by the Human Rights Commission as prescribed under Section 18 of Protection of Human Rights Act, 1993. Section 18 as amended and substituted by Act 43 of 2006 reads as follows: "18. Steps after inquiry.--The Commission may take any of the following steps upon the completion of an inquiry held under this Act, namely: (1) where the inquiry discloses, the commission of violation of human rights, or negligence in the prevention of violation of human rights by a public servant, it may recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons; (2) approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary; (3) recommend to the concerned Government or authority for the grant of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary; (4) subject to the provisions of clause (5) provide a copy of the inquiry report to the petitioner or his representative; (5) the Commission shall send a copy of its inquiry report together with its recommendations to the concerned Government or authority and the concerned Government or authority shall, within a period of one month, or such further time as the Commission may allow, forward its comments or the report, including the action taken or proposed to be taken thereon, to the Commission; (6) the Commission shall publish its inquiry report together with the comments of the concerned Government or authority, if any, and the action taken or proposed to be taken by the concerned Government or authority on the recommendations of the Commission.";