NHRC dismisses in limini a complaint alleging SC’s judgment in gross violation of constitutional rights of Shri Anil Masih, Presiding Officer, Chandigarh Mayor Election

Press Release

National Human Rights Commission

New Delhi, 27th February, 2024

NHRC dismisses in limini a complaint alleging SC’s judgment in gross violation of constitutional rights of Shri Anil Masih, Presiding Officer, Chandigarh Mayor Election

Describes the matter as sub-judice in the Apex Court and hence not maintainable under PHR Act

Says the aggrieved party or anybody representing it has to approach the concerned court for correcting an order in a judicial proceeding as per the trite law

The National Human Rights Commission, NHRC, India has dismissed in limini an online complaint alleging that the Supreme Court’s 20th February, 2024 judgment in the Civil Appeal No. 2874 of 2024 concerning Kuldeep Kumar vs. U.T. of Chandigarh and Others, has resulted in the violation of human rights of Shri Anil Masih, Presiding Officer, Chandigarh Mayor Election.

The complaint was filed on behalf of the Supreme Court/High Courts Litigation Society (SCHCLA). It was alleged that the order of the Apex Court violated the fundamental/constitutional rights under Articles 20 and 21 of the Constitution of India.

After going through the contents of the complaint and the Supreme Court judgment under reference, the Commission has observed that Shri Masih has been given an opportunity by the court to file his response to its notice and contest the initiation of proceedings against him under Section 340 of Cr.P.C. Therefore, there is alternate remedy available to the complainant to approach the appropriate forum to ventilate the grievances, if so desires. As such admittedly, the matter is pending before the Supreme Court for further consideration and thus, it is sub-judice. Therefore, in view of the Regulation 9 (XI) of the NHRC (Procedure) Regulations, 1994, the petition is not maintainable.

The Commission is of further opinion that even otherwise it is trite law that for correction of errors, if any, in a judicial proceeding, the aggrieved party or anybody representing the aggrieved party, has to avail the well-established gamut of corrective machinery in the form of appeal, revision, review, curative petition before the court where the matter is pending for further consideration. Therefore, the complaint in the matter cannot be entertained by the NHRC.

*****