DAMODAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present contempt petition, the petitioner is alleging non-compliance of directions of the Hon'ble Maharashtra State Human Rights Commission, issued vide order 21/1/2015.

(2.) Mr. Mirza, learned Assistant Government Pleader raised an objection to the maintainability of the present proceedings on the ground that Maharashtra State Human Rights Commission is not the Court and therefore, contempt petition under Sec. 12 of the Contempt of Courts Act, 1971, is not maintainable. Mr. Mirza, learned Assistant Government Pleader to fortify his contention has placed reliance on the judgments of the Hon'ble Supreme Court of India in the case of Subramanian Swamy vs. Arun Shourie reported in (2014) 12 SCC 344 in paragraph No.17 of the said judgment. The Hon'ble Supreme Court of India has observed thus :

(3.) Thus, it is clear that from the above referred judgments that the commission is not the Court and therefore, I find substance in the arguments of Mr.Mirza, learned Assistant Government Pleader that the present contempt petition is not maintainable.