Case Note & Summary
The Municipal Corporation of Greater Mumbai filed a writ petition challenging the order of Maharashtra State Human Rights Commission dated 19/1/2018 in MAS No. 995/2016 -- The Commission had made recommendations against the Corporation regarding a road accident where the complainant's wife sustained injuries due to alleged poor road conditions -- The Corporation contended that the Commission exceeded its jurisdiction under Section 12 of Protection of Human Rights Act, 1993 -- The High Court examined the Commission's jurisdiction and found that it had overstepped its authority in making recommendations against the Corporation -- The Court quashed and set aside the Commission's order -- The writ petition was allowed
Headnote
The High Court of Judicature at Bombay -- Ordinary Original Civil Jurisdiction -- Writ Petition -- Municipal Corporation of Greater Mumbai challenged the order dated 19/1/2018 passed by Maharashtra State Human Rights Commission in MAS No. 995/2016 -- The Commission had made recommendations against the Corporation regarding a road accident that occurred on 6/4/2015 -- The petitioner sought quashing of the Commission's order as bad-in-law and passed exceeding jurisdiction -- The Court examined the scope of Section 12 of Protection of Human Rights Act, 1993 -- Held that the Commission exceeded its jurisdiction in making recommendations against the Corporation -- The Commission's order was quashed and set aside -- The writ petition was allowed
Issue of Consideration
Whether the Maharashtra State Human Rights Commission exceeded its jurisdiction in making recommendations against the Municipal Corporation of Greater Mumbai regarding a road accident case
Final Decision
The High Court allowed the writ petition -- The Court quashed and set aside the order dated 19/1/2018 passed by Maharashtra State Human Rights Commission in MAS No. 995/2016 -- The Court held that the Commission exceeded its jurisdiction in making recommendations against the Municipal Corporation
Law Points
- Protection of Human Rights Act
- 1993 -- Section 12 of Protection of Human Rights Act
- 1993 -- Jurisdiction of Human Rights Commission -- Principles of natural justice -- Judicial review of administrative actions -- Municipal Corporation's statutory duties -- Code of Criminal Procedure
- 1973 -- Section 154 of Code of Criminal Procedure
- 1973
