RIZWANA SHAIKH HASAN KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is aggrieved by an order passed by the Member of the Maharashtra State Human Rights Commission, Mumbai. It appears that the petitioner had made an application before the Human Rights Commission that her husband was being implicated in false cases and she had apprehension that her husband would be killed in a false encounter. The Human Rights commission called report from the police and then the Member of the Human rights Commission passed the impugned order.

(2.) It is unfortunate that the issue which was taken to the Human Rights commission was not at all addressed by the Member of the Commission and on the other hand he made a sweeping remark that the police is supposed to keep watch and surveillance on such persons who has a bad record and as such "there is no violence of Human Right". If, a person approaches the Human Rights commission contending that she apprehends that her husband would be killed in a false encounter, it is not expected that the Human Rights Commission will not look into the complaint and dismiss it on the ground, which amounts to saying that the person with bad record has no human right disbelieving the lady with a complaint that she had received threat in her house that her husband would be killed in a false encounter. In any case, we do not believe that the Human Rights Commission's remark that a person, who has a bad police record, does not enjoy human rights.

(3.) Therefore, we set aside the order of the Member of the Human Rights commission and refer the matter back to the Chairman of the Commission with a request to look into the matter afresh and pass appropriate directions, as expeditiously as possible.