JAI KARN SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner is aggrieved by the order dated 12/16.04.2007 (Annexure-1) passed by the respondent no. 5 i.e. the Chairman, State Commission for Women, Jharkhand and prays for a direction upon the respondents-State not to act upon the impugned order.

(2.) The orders have been challenged primarily on the ground that the State Commission for Women is created under relevant statute i.e. the Jharkhand State Women Commission Act, 2005 which do not assign the Commission with an adjudicatory role by issuing direction in the nature of commands and further to ensure implementation of its orders in the nature of decree like order passed by duly constituted court of law. The relevant provision conferring upon the power to the commission as contained in Chapter-III Section 10 are quoted hereinbelow:-

(3.) From perusal of the aforesaid provisions under the Act of 2005 and the objects of the Act including other provisions, it is apparent that the Women Commission has been constituted as a recommendatory body. Under the provisions of the Jharkhand State Commission For Women Act, 2005 in its Chapter-III Section 10 to make recommendations in respect of such cases of torture, violation and atrocities against the women to the relevant statutory authority so as to suggest legal measures. Learned counsel for the petitioner further submits that on complaint of the private respondent before Commission on which the Case no. 72 was initiated, the Chairperson of the Commission has proceeded to issue direction as contained in para-4 of the impugned order which are in the nature of commands or directions inter alia directing the petitioner and others to allow proper access to the private respondents to the petitioner's house and also directing them to refrain from indulging in domestic violence against petitioner/private respondent herein. The relevant portion of para-4 are quoted herein below:-