NHRC can’t punish cop, high court says

India on 25 September 2013
Location : Allahabad, India | Source : Times of India

The Allahabad high court has quashed the orders passed by the National Human Rights Commission (NHRC) giving punishment to a police officer on the ground that there is no provision under which order of punishment could be passed by it. 

Allowing the writ petition filed by Rajesh Kumar Dwivedi, a station house officer and other policemen posted at Meerut, Justice Sudhir Agarwal also quashed the subsequent order of the state government which was passed by making an inquiry. 

The petitioner Rajesh Kumar Dwivedi had challenged the order of NHRC dated December 23, 1999 and subsequent orders passed by the state government dated July 26 and November 3, 2000. The petitioner's counsel contended that NHRC cannot pass any order imposing any punishment or asking the petitioner to pay any compensation. At best, after an inquiry, it can make recommendation to various authorities. As far as the state government is concerned, the power of imposing of recovery etc is not disputed. But it is said that before passing the orders, the secretary home and senior superintendent of police, Meerut, no enquiry was conducted against petitioners in accordance with statutory rules and there is no determination of compensation by any competent forum. Therefore, all the orders are clearly illegal.

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