NHRC disagrees with J&K Government's contention over its jurisdiction in the State (Case No.55/9/2003-2004-AD)
Putting aside the contention of the Jammu & Kashmir Government that NHRC does not have jurisdiction over the state to give recommendations in a case of death due to police atrocity there, the Commission said that its recommendations do not interfere with any of the heads of legislation. It asked the Jammu & Kashmir Government to act on its recommendations given on the 19th August, 2009 and pay rupees five lakhs to the next of kin of Mohan Lal, who died following torture by the State police.
This order was passed when the J&K Government raised the issue of its jurisdiction in the State, arguing that Section (2) of the Protection of Human Rights Act, 1993 specifically excludes its operation to the State of J&K in so far as it pertains to matters relatable to the entries enumerated in List II of the VII Schedule of the Constitution of India. It further stated that Entry of List II relates to Public Law and Order and Entry 2 of List II refers to Police in the Seventh Schedule of the Constitution of India 1950. Therefore, the subject matter of the instant case was squarely covered under the above two entries in List II, as the alleged atrocities were attributed to the J&K Police and, therefore, NHRC had no jurisdiction in the matter.
The Commission responded that List II of the Seventh Schedule contains the Heads of Legislation in respect of which the State Legislature can make Laws. Entry 2 of List II, relates to Police (including railway and village police) subject to the provisions of entry 2A of List I. It only indicates that the State can make any legislation in respect of police - regarding their pay and allowances, rank or any matter relating to the discharge of the duty of the police under the Police Act, if any.
NHRC maintained that the order passed by it is not regarding the violation of human rights, if any, arising out of any legislation made by the State in respect of any of the entries in List II. Mohan Lal, S/o Pheru Ram, a rickshaw-puller, was taken into custody by J&K police from Amritsar on the 21st June, 2003 suspecting his involvement in some burglaries in Jammu. Medical evidence indicated that he was subjected to third degree torture during interrogation, leading to his death in the District Police Lines Hospital, Jammu on the 2nd July, 2003.
The acts alleged were not in discharge of maintaining any public order and there was no case registered against him. It was not as a part of any investigation also. It is a clear case where the police tortured a person and killed him. Therefore, it does not come under any of the powers of legislation of the State Legislature in respect of any of the entries mentioned in List II of the State List. The jurisdiction of the NHRC has been excluded in respect of the subjects mentioned in List II of the Seventh Schedule. The impugned order does not interfere with any of the Heads of Legislation.
The Commission asked for a compliance report along with proof of payment from the J&K Government.
This order was passed when the J&K Government raised the issue of its jurisdiction in the State, arguing that Section (2) of the Protection of Human Rights Act, 1993 specifically excludes its operation to the State of J&K in so far as it pertains to matters relatable to the entries enumerated in List II of the VII Schedule of the Constitution of India. It further stated that Entry of List II relates to Public Law and Order and Entry 2 of List II refers to Police in the Seventh Schedule of the Constitution of India 1950. Therefore, the subject matter of the instant case was squarely covered under the above two entries in List II, as the alleged atrocities were attributed to the J&K Police and, therefore, NHRC had no jurisdiction in the matter.
The Commission responded that List II of the Seventh Schedule contains the Heads of Legislation in respect of which the State Legislature can make Laws. Entry 2 of List II, relates to Police (including railway and village police) subject to the provisions of entry 2A of List I. It only indicates that the State can make any legislation in respect of police - regarding their pay and allowances, rank or any matter relating to the discharge of the duty of the police under the Police Act, if any.
NHRC maintained that the order passed by it is not regarding the violation of human rights, if any, arising out of any legislation made by the State in respect of any of the entries in List II. Mohan Lal, S/o Pheru Ram, a rickshaw-puller, was taken into custody by J&K police from Amritsar on the 21st June, 2003 suspecting his involvement in some burglaries in Jammu. Medical evidence indicated that he was subjected to third degree torture during interrogation, leading to his death in the District Police Lines Hospital, Jammu on the 2nd July, 2003.
The acts alleged were not in discharge of maintaining any public order and there was no case registered against him. It was not as a part of any investigation also. It is a clear case where the police tortured a person and killed him. Therefore, it does not come under any of the powers of legislation of the State Legislature in respect of any of the entries mentioned in List II of the State List. The jurisdiction of the NHRC has been excluded in respect of the subjects mentioned in List II of the Seventh Schedule. The impugned order does not interfere with any of the Heads of Legislation.
The Commission asked for a compliance report along with proof of payment from the J&K Government.