Case Note & Summary
The petitioner, a Police Sub-Inspector, challenged an order dated 27.01.2014 passed by the Karnataka State Human Rights Commission in HRC No.4750/TC-73/12. The background of the case is that on 28.06.2011, the third respondent and his associate were propagating their religion in Hubli when they were allegedly abused and attacked by local people. The third respondent complained that the police did not save him and that his complaint was not registered for eight days. He lodged a complaint with the National Human Rights Commission, which referred it to the State Human Rights Commission. The State Commission referred the matter to the Inspector General of Police for investigation, who submitted a report noting the delay in registering the complaint and failure to arrange medical examination. After hearing the petitioner, the Commission passed the impugned order directing the government to initiate disciplinary action against the petitioner for failure to register the FIR and for abetting violation of human rights, and recommended payment of Rs.20,000 compensation to the third respondent to be recovered from the petitioner's salary. The petitioner argued that the Commission lacked jurisdiction under Section 36(2) of the Protection of Human Rights Act, 1993, which bars inquiry after one year from the alleged violation. The alleged incident occurred on 28.06.2011, and the impugned order was passed on 27.01.2014, beyond the one-year period. The court analyzed the provision and found that the Commission's inquiry was time-barred. The court also noted that the petitioner was only a Sub-Inspector and not the Station House Officer responsible for registering complaints. The court held that the Commission had no jurisdiction to pass the order and quashed it. The writ petition was allowed.
Headnote
A) Human Rights Law - Limitation for Inquiry - Section 36(2) Protection of Human Rights Act, 1993 - Time Bar - The State Human Rights Commission cannot inquire 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 - In this case, the alleged incident occurred on 28.06.2011 and the impugned order was passed on 27.01.2014, beyond the one-year limitation period - Held that the Commission lacked jurisdiction to pass the order (Paras 4-6).
Issue of Consideration
Whether the Karnataka State Human Rights Commission had jurisdiction to inquire into a complaint after expiry of one year from the date of alleged human rights violation under Section 36(2) of the Protection of Human Rights Act, 1993
Final Decision
The writ petition is allowed. The impugned order dated 27.01.2014 passed by the Karnataka State Human Rights Commission in HRC No.4750/TC-73/12 is quashed.
Law Points
- Limitation period for inquiry by Human Rights Commission
- Jurisdiction of State Human Rights Commission
- Time bar under Section 36(2) of Protection of Human Rights Act
- 1993
- Liability of Police Sub-Inspector for non-registration of FIR
Case Details
2015 LawText (KAR) (08) 30
Writ Petition No. 102268/2015 (GM-RES)
K. L. Patil, S. S. Beturmath, M. Kumar, H. R. Kambiyavar, Jhankumar Kalangi
Nagayya S/o. Chandrashekhar Kadadevar
The State of Karnataka, The Karnataka Human Rights Commission, M. Sandeep Muniswamy
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Karnataka State Human Rights Commission
Remedy Sought
Quashing of the impugned order dated 27.01.2014 passed by the Karnataka State Human Rights Commission
Filing Reason
The petitioner, a Police Sub-Inspector, was aggrieved by the Commission's order directing disciplinary action and recovery of compensation from his salary for alleged failure to register an FIR and abetting human rights violation
Previous Decisions
The Karnataka State Human Rights Commission passed the impugned order on 27.01.2014 in HRC No.4750/TC-73/12
Issues
Whether the Karnataka State Human Rights Commission had jurisdiction to inquire into the complaint after expiry of one year from the date of alleged human rights violation under Section 36(2) of the Protection of Human Rights Act, 1993
Submissions/Arguments
Petitioner argued that the Commission lacked jurisdiction as the alleged incident occurred on 28.06.2011 and the impugned order was passed on 27.01.2014, beyond the one-year limitation period under Section 36(2) of the Protection of Human Rights Act, 1993
Petitioner also argued that he was only a Sub-Inspector and not responsible for registration of FIR, which was the duty of the Police Inspector as Station House Officer
Ratio Decidendi
Under Section 36(2) of the Protection of Human Rights Act, 1993, the State Human Rights Commission cannot inquire 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. In this case, the alleged incident occurred on 28.06.2011 and the impugned order was passed on 27.01.2014, which is beyond the one-year limitation period. Therefore, the Commission lacked jurisdiction to pass the order.
Judgment Excerpts
Under Section 36(2) of the Protection of Human Rights Act, 1993, the second respondent Commission cannot inquire into any matter after the expiry of one year from the date on which an act constituting the violation of human rights is alleged to have been committed.
In the instant case, the alleged incident took place on 28.06.2011 and the impugned order is passed on 27.01.2014.
Procedural History
The third respondent lodged a complaint with the National Human Rights Commission regarding an incident on 28.06.2011. The NHRC referred the matter to the Karnataka State Human Rights Commission, which referred it to the Inspector General of Police for investigation. After receiving the report and hearing the petitioner, the State Commission passed the impugned order on 27.01.2014. The petitioner filed the present writ petition on an unspecified date, and the High Court disposed it on 10.08.2015.
Acts & Sections
- Protection of Human Rights Act, 1993: Section 36(2)
- Constitution of India: Articles 226, 227
