NHRC passes order on its jurisdiction in matters 'pending' before other Commissions of Inquiry NHRC to continue inquiry against Tamil Nadu Government

On 2 July 2001, the National Human Rights Commission took up a complaint alleging that serious human rights violations had been committed in respect of the manner in which the Tamil Nadu police had arrested the former Tamil Nadu Chief Minister Shri M. Karunanidhi, Union Ministers Shri M. Maran and Shri T.R. Balu and some others. In respect to a notice from the Commission, the State Government of Tamil Nadu contended, inter-alia, that since a Commission of Inquiry had been set up by the Government to look into the matter, the jurisdiction of NHRC to inquire into the matter was barred by section 36 (1) of the Protection of Human Rights Act, 1993, which states that “the Commission (NHRC) shall not inquire into any matter which is pending before a State Commission or any other Commissions duly constituted under any law for the time being in force”.

After considering detailed submissions by all parties concerned and also hearing them carefully, the Commission on 23 August 2001 took the view that “pendency of the same matter before a State Commission or any other Commission had significance to bar the jurisdiction of NHRC by virtue of Section 36(1), only if that situation exists at the threshold, that is when NHRC had taken cognizance, and not when cognizance by another Commission was at a later date”. The Commission added that “On this conclusion, by no stretch of imagination can the same matter of which cognizance was taken by this Commission (NHRC) on 2 July 2001 be treated as `pending’ before the Commission of Inquiry constituted by the Government of Tamil Nadu under Commissions of Inquiry Act, 1952, by issuance of a notification on 7 July 2001. This result ensues, even assuming that the terms of reference of the Commission of Inquiry included the matter that was being inquired into by the NHRC”. “There can, thus, be no doubt that the bar of jurisdiction to inquiry by this Commission contemplated under Sub-Section 1 of Section 36 of the Act has no application and is not attracted in the present case”, held NHRC.

Having reached the above conclusion, the Commission found no reason to defer the inquiry as suggested by the Tamil Nadu Government. The inquiry initiated by this Commission on 2 July 2001 shall, therefore, continue and the preliminary objection raised by the Tamil Nadu Government was rejected by the Commission.