NHRC passes order on its jurisdiction in matters `pending’ before other Commission’s of Inquiry NHRC to continue inquiry against Tamil Nadu Government

The National Human Rights Commission today passed orders with regard to its jurisdiction in matters in which any other Commission was also holding inquiry. The Commission has announced: “The construction suggested in Sub-Section 1 of Section 36 of the Protection of Human Rights Act, 1993 that the jurisdiction of NHRC is excluded only when inquiry into the same matter is already proceeding before a State Commission or any other Commission which had earlier taken cognizance of the matter to make it `pending’ before it, commends to us the only proper and logical construction of the provision to avoid uncertainty, friction or confusion into the working of the statute”. The Commission thus held that the `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 existed at the threshold, that is when NHRC had taken cognizance and not when cognizance by another Commission is at a later date.

Thus the complaint of illegal arrests of S/Shri M. Karunanidhi, Murasoli Maran and T.R. Balu by Tamil Nadu Police, which had taken place on 30 June 2001 and which this Commission had taken cognizance on 2 July 2001 could by no stretch of imagination be treated as pending before the Commission of Inquiry constituted by the Government of Tamil Nadu under Commission 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 (NHRC) contemplated under Sub-Section 1 of Section 36 of the Act has no application and is not attracted in the present case”.

In view of the above conclusion, the Commission found no reason to defer the inquiry as was suggested by the Tamil Nadu Government. It observed that any further consideration of this suggestion of the TN Government was unnecessary – contrarily it felt that it was the other Commission to which the suggestion for deferring the inquiry may be more appropriate. 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.