Court : Orissa
Reported in : 2004CriLJ3975
..... can be legally presumed that the investigation by the police into the same matter is pending. he relies on sections 14 and 18 of the protection of human rights act, 1993.4. learned counsel appearing for opposite party no. 1 and learned addl. standing counsel repudiating the aforesaid submission of the learned counsel ..... only point, which emerges for examination and determination is, whether the direction of the national human rights commission to the superintendent of police, balasore to submit a report amounts to investigation in a police case.6. section 14 of the protection of human rights act, 1993, (hereinafter referred to as the 'act') reads as follows :'14. ..... the completion of an inquiry held under this act, namely :--(1) where the inquiry discloses, the commission of violation of human rights or negligence in the prevention of violation of human rights by a public servant, it may recommend to the concerned government or authority the initiation of proceedings for prosecution or such .....
Tag this Judgment!Court : Supreme Court of India
..... w 120-b ipc, sections 193 r/w 114, 186 & 153-a, 186, 187 ipc, section 6 of commission of inquiry act, the gujarat police act and the protection of human rights act, 1991: (i) instruction by shri narendra d. modi, chief minister to dgp, the chief secretary and other senior officials to (allow to) give vent to the hindu ..... material which will pass the muster of admissible evidence before the court of law to fasten criminal liability. this is reinforced from the purport of section 15 of the protection of human rights act, 1993 or section 6 of the 1952 act, as well. (hhhh) similarly, some opinion formed or observation made in the enquiry report of any private forum ..... as provided in law, more particularly, under 18 (2009) 6 scc767- national human rights commission vs. state of gujarat & ors. (paras 4, 37 to40) 18 section 173(8) of the code of criminal procedure, 1973 (in short the code ). xxx xxx xxx 37. since the protection of a witness is of paramount importance it is imperative that if and when .....
Tag this Judgment!Court : Jammu and Kashmir
..... act defines human rights as the rights relating to life, liberty, equality, dignity of ..... respect of keeping the office of state human rights commission, tamilnadu vacant since august, 2011. while passing directions with reference to protection of human rights act, 1993 (central act), in paragraph 21 it is held thus:- 21. protection of human rights act 1993 has been enacted to provide for better protection of human rights by constituting a national human rights commission and also state human rights commission and human rights courts. section 2(1)(d) of the .....
Tag this Judgment!Court : Chennai
..... are not maintainable at this stage. 8. in order to resolve this issue, let us begin the journey with the scheme of "the protection of human rights act, 1993". chapter iii of the the protection of human rights act, 1993 deals with the functions and powers of the commission and chapter iv deals with the procedure. 9. having taken note of the ..... . keeping in mind the above observations of the hon'ble supreme court, let me now have a glimpse of the relevant provisions of the act. section 12 of the protection of human rights act, 1993 read as follows:- "12. functions of the commission.- the commission shall perform all or any of the following functions, namely:- (a) inquire, suo motu ..... 31. thus, both the acts are in pari materia and so, the law laid down in the judgements cited supra shall be applicable to cases under the protection of human rights act as well. as held by the hon'ble supreme court in various judgements, which i have extracted above, including the larger bench of the hon'ble .....
Tag this Judgment!Court : Chennai
..... are not maintainable at this stage. 8. in order to resolve this issue, let us begin the journey with the scheme of "the protection of human rights act, 1993". chapter iii of the the protection of human rights act, 1993 deals with the functions and powers of the commission and chapter iv deals with the procedure. 9. having taken note of the ..... . keeping in mind the above observations of the hon'ble supreme court, let me now have a glimpse of the relevant provisions of the act. section 12 of the protection of human rights act, 1993 read as follows:- "12. functions of the commission.- the commission shall perform all or any of the following functions, namely:- (a) inquire, suo motu ..... 31. thus, both the acts are in pari materia and so, the law laid down in the judgements cited supra shall be applicable to cases under the protection of human rights act as well. as held by the hon'ble supreme court in various judgements, which i have extracted above, including the larger bench of the hon'ble .....
Tag this Judgment!Court : Allahabad
..... system, (abolition) act of 1976, is without any doubt a violation of human rights as defined under section 2 (d) and (f) of the protection of human rights act, 1993 for which the national human rights commission has the authority conferred by the protection of human rights act, 1993, to enquire, investigate and to take steps provided under sections ..... other institutions where persons are detained; review the safeguards provided under the constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation. 16. the commission is given powers under section 13 of a civil court trying a suit under ..... general assembly of the united nations as the central government may, by notification, specify. 14. the national commission of human rights constituted under section 3, is the highest body for protection of human rights in the country chaired by a chairperson, who has been a chief justice of the supreme court, and consists of .....
Tag this Judgment!Court : Karnataka
..... india justice shivaraj patil and consisting of justice bhaskar rao, the former chief justice of high court of karnataka and two other eminent persons who are in the field of protecting human rights. the said order has been obeyed by the state. compensation is paid to the victims. the state has accepted the responsibility. but, the third respondent and the ..... of the two states that the inquiry panel should have confined its inquiry only to the cases referred by nhrc. the primary concern of the commission is to protect the precious human rights of the citizens. if the inquiry panel headed by a former judge of a high court has found on the basis of reliable and acceptable material that ..... therefore, this interim report is not at all relevant to be considered by the upsc at the time of empanelment. he further contended section 36 of the human right protection act, 1983, provides a limit of one year for taking cognizance of the complaints from the date on which the act constituting violation of .....
Tag this Judgment!Court : Mumbai
..... as a result of continuing differences in patterns of education and training and in aspirations among relevant sections of the community (standing advisory commission on human rights, 'religious and political discrimination and equality of opportunity in northern ireland' (2nd report her majesty's stationery office 1990) p. 7.10). ..... india to enact legislation to provide for the following :- (i) to spell out the responsibility of the state towards the prevention of disabilities, protection of rights, provision of medical care, education, training, employment and rehabilitation of persons with disabilities; (ii) to create barrier free environment for persons with ..... disabilities. 18. thus, the legislature, consistent with its constitutional as well as treaty obligations, has enacted the said act in order to protect rights, afford equal opportunities and promote full participation of persons with disabilities, so that they too can obtain their legitimate share of common resources and .....
Tag this Judgment!Court : Guwahati
..... , learned senior counsel for the petitioner has drawn attention of this court to sub-section (3) of section 10 of the protection of human rights act, 1993 wherein and whereunder decision of the human rights commission can be authenticated by any officer duly authorized by the chairman himself in this regard. it appears that under the said order ..... on his behalf. in the event of filing a complaint contemplated in sub-section (a)(ii) of section 12 of the protection of human rights act, 1993, by a victim complaining violation of human rights or abetment thereof or negligence in the prevention of such violation, by a public servant, the commission by following the procedures ..... authorized by the chairperson in this behalf. for better appreciation of the present case, sub-sections (2) and (3) of section 10 of the protection of human rights act, 1993 are quoted hereunder:(2) the commission shall regulate its own procedure.(3) all orders and decisions of the commission shall be authenticated by the .....
Tag this Judgment!Court : Supreme Court of India
..... , and provide redressal. it held that this legislative intent would be negated if state human rights commissions were not established in every state. this court reasoned that ..... 21 of the protection of human rights act 1993 which stipulated that state governments may constitute a state human rights commission. the question was whether the word may ought to be read as the word shall. this court noted that the protection of human rights act 1993 enjoined the state human rights commissions to promote human rights, prevent their violation ..... the consequence of this was that section 21 of the protection of human rights act 1993 not only conferred state governments with the power to set up state human rights 31 part d commissions but also imposed on them the duty to do so. in the .....
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