IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA
AT CHANDIGARH

Civil Writ Petition 14133 of 1998

Sudershan Goel Petitioner(s)

Versus

Union of India and others Respondent(s)

Reply by way of short Affidavit of Sh. Ranbir Singh, Under Secretary, Home, Punjab Government, on behalf of respondent No. 2.

I, the above named deponent do hereby solemnly affirm and declare as under:-

1. That the State has taken note of the setting up of a private body called 'peoples' Commission on Human Rights Violations in Punjab' by certain groups claiming themselves to be Human Rights organizations. This 'Peoples' Commission is a private body, which has no legal sanction behind it. It has no power to compel the appearance of Government officials before it, to pass legally enforceable orders or judgments. The Government officials are well aware of this legal position and there is no reason why they should obey/respond to the notices or so called summons of this private body. So far the functioning of the Peoples' Commission has not created any law and order problem or infringed any law. So there is no occasion for the State to interfere into the affairs of this private body. However, the State is fully alive to its Constitutional and legal obligations and will not be remiss in discharging the same. The Government is closely watching the situation arising out of its functioning and is keeping a strict vigil and will interfere whenever any cause or situation warranting intervention of State arises.

2. That the State Government is extremely conscious of its responsibility and obligation to protect and safeguard the Fundamental Rights and Human Rights of the citizens. Apart from the various rights and remedies available under the Constitution, the Government of India has also enacted the 'Protection of Human Rights Act, 1993', under which the National Human Rights Commission as also the Punjab State Human Rights Commission have been set up. Both these commissions examine and investigate complaints relating to violations of human rights as also the negligence on the part of any public servant in preventing such violations. A number of complaints pertaining to Punjab are under consideration before both these commissions.

3. That under Section 36(2) of the Protection of Human Rights Act, 1993, the National Commission or the State Commission are prohibited from inquiring into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed. The State Government is of the opinion that this period needs to be extended upto ten years. The Government proposes to take up the matter with the Union of India to get the necessary amendment made in section 36 (2) of the Act so that complaints regarding human rights violations of the last ten years can be taken up by the Punjab State Human Rights Commission.

4. That having regard to the availability of such effective statutory bodies which can inquire into allegations of violations of human rights, besides the ordinary civil and criminal courts and the Constitutional remedies under Article 226 and 32 of the Constitution of India, the Government is of the view that a private body like the 'Peoples' Commission' which has no legal sanction and no power to award punishment or compensation will serve no further useful purpose at all. However, in view of the Fundamental Rights guaranteed under the Constitution of India, particularly those under Article 19(1), the State cannot interfere with such private initiatives as the 'Peoples' Commission', unless its functioning infringes any law or otherwise gives rise to a law and order problem.

In view of the above facts and circumstances it is respectfully stated that the present petition is totally misconceived and deserves to be dismissed with costs.

Chandigarh DEPONENT
Dated: 11-11-1998

VERIFICATION:-

Verified that the contents of the above mentioned affidavit are true and correct to my knowledge as derived from official record. No part of it is false and nothing material has been concealed therein.

Chandigarh
Dated: 11-11-1998