Later, in D.K. Basu vs. State of West Bengal (2015), the Supreme Court had directed the State Governments to take appropriate action in terms of Section 30 of the Protection of Human Rights Act, 1993, in regard to setting up/specifying the Human Rights Courts.
ITEM NO.102, 102.1-102.10 COURT NO.3 SECTION IV
S U P R E M E
C O U R T O F RECORD OF
PROCEEDINGS
I N D I A
Civil Appeal No(s). 5912/2012
PUNJAB STATE HUMAN RIGHTS COMMISSION
Appellant(s)
VERSUS
JATT RAM & ORS.
Respondent(s)
WITH
C.A. No. 6236/2012 (IV)
C.A. No. 6237/2012 (IV)
C.A. No. 6232/2012 (IV)
C.A. No. 6230/2012 (IV)
C.A. No. 6233/2012 (IV)
C.A. No. 6235/2012 (IV)
C.A. No. 6234/2012 (IV)
C.A. No. 6231/2012 (IV)
CONMT.PET.(C) No. 222/2005 In C.A. No. 6236/2012
(IV)
C.A. No. 6244/2012 (IV)
Date : 10-01-2019 These
appeals were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S.A.
BOBDE
HON'BLE MR. JUSTICE DEEPAK
GUPTA
For Appellant(s)
Mr. Aseem Mehrotra, Adv.
Mr. Abhijat P. Medh, AOR
Mr. Rajesh Sharma, Adv.
Ms. Nidhi Singh Dubey,
Adv.
Ms. Sundri, Adv.
Ms. Shalu Sharma, AOR
Mr. K.T.S. Tulsi, Sr. Adv.
Mr. Jagjit Singh Chhabra,
AOR
Mr. Karan Bharihoke, AOR
Ms. Navkiran B., Adv.
Mr. Siddhant Roy, Adv.
Mr. Mohan Pandey, AOR
For Respondent(s)
Ms. Pinky Anand, ASG
Ms. Kiran Suri, Sr. Adv.
Mr. Balendu Shekhar, Adv.
Mr. Akansha Kaul, Adv.
Ms. Prerna Kumari, Adv.
Ms. Aakanksha Kaul, Adv.
Ms. Sushma Suri, AOR
Mr. B.K. Prasad, Adv.
Ms. Anitha Shenoy, AOR
Ms. Srishti Agnihotri,
Adv.
Mr. G.K. Bansal, AOR
Mr. Kuldip Singh, AOR
Mr. Debasis Misra, AOR
Mr. Karan Bharihoke, AOR
Mr. Navkiran Bolay, Adv.
Mr. Siddharth S Ray, Adv.
Mrs.K.Sarada Devi, AOR
Mr. Abhishek Atrey, AOR
Mr. Jayashree Wad, Adv.
Mr. Sidharth Mahajan, Adv.
Ms. sukriti Jaggi, Adv.
for M/S. J S Wad And Co,
AOR
UPON hearing the counsel the Court made the
following
O R D E R
At the time of hearing of these matters, Section
30 of the Protection of Human rights Act, 1993 (for short,
"the Act") was
pointed out to this Court which reads as under :
"For the purpose of providing speedy trial of offences
arising out of violation of human rights, the State Government may, with the
concurrence of the Chief Justice of the High Court, by notification, specify
for each district a Court of Session to be a Human Rights Court to try the said
offences.
Provided that nothing in
this Section shall apply if
(a)
A Court of Session is
already specified as a special court; or
(b)
a special court is already
constituted, for such offences under any other law for the time being in
force."
When this provision came for consideration
before a bench of this
Court in D.K. Basu vs. State of West Bengal & Ors. (2015) 8 SCC 744, in
paragraphs 30 & 38.4 this Court observed as follows :
"30.There is, in our opinion, no reason why the State
Governments should not seriously
consider the question of
specifying Human Rights Court to try offences arising out of violation of human
rights. There is nothing on record to suggest that the Governments have at all
made any attempt in this direction or taken steps to consult the Chief Justices
of the High Courts of their respective States and examine the feasibility of
specifying Human Rights Court in each district within the contemplation of Section 30 of the Act. Beyond that we do not propose to say
anything at this stage."
38.4- The State
Governments shall take appropriate action in terms of Section 30 of the
Protection of Human Rights Act, 1993, in regard to setting up/specifying the
Human Rights Courts."
Learned counsel for the
National Human Rights Commission, fairly states that except in few States, there is
no compliance of
these orders and
Session Judges have not
been designated as
Judges of Human Rights Courts created by the Act. It is also clear that the setting up of
these designated Courts, does not involve any additional
infrastructure or additional recruitment of Judges or the staff.
We see no reason why afore-mentioned judgment of
this Court has not been complied with.
Accordingly, issue notice to
the Chief Secretaries
of all the
States, calling upon
them to show cause
why appropriate directions
should not be issued in this regard, returnable within
eight weeks.
[ Indu Kumari Pokhriyal ]
Asstt. Registrar
A.R.-cum-P.S.
