ABDUL SATHAR Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This batch of Writ Petitions assail the orders of the State Human Rights Commission directing recovery of the compensation amount directed to be paid by the State to the complainants (who are victims of violation of human rights) from the petitioners (who are Officers of the State and have been held responsible for the violation of those human rights of the victims).

(2.) S.Nagamuthu, J in Rajesh Das, I.P.S., Vs. Tamil Nadu State Human Rights Commission (order dated 27.08.2010 in W.P.Nos.21604 and 21607 of 2000), wherein similar relief had been sought, considered the question whether the Human Rights Commissions constituted under the Protection of Human Rights Act, 1993, have power of adjudication in the sense of passing an order which can be enforced proprio vigore and after analyzing the scheme of that enactment, was of the view that its provisions were pari materia with that of the Commissions of Enquiry Act, 1952, and came to the conclusion that such a Writ Petition filed by an Officer of the State was not maintainable as being premature at that stage and succinctly set out the legal position as follows:-

(3.) Subsequently, in T. Vijayakumar Vs. Madhavi (order dated 29.09.2010 in W.P.(MD)No. 12316 of 2010), which was also a Writ Petition filed by an Officer of the State for similar relief, K.Chandru, J dissented with the views of S.Nagamuthu, J in the aforesaid case and held as follows:-