Annual Report - National Human Rights Commission

Complaints Before the Commission
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intervention of the Commission on a complaint, the Supreme Court vide its order dated 28-4-97
and 26-7-97 directed the petitioner to submit suggestions before the Commission for further
consideration of the matter.
4.189 In order to deal with the scourge of starvation, the Commission considered short term
and long term measures in key areas of health, employment, poverty alleviation, drinking water
supply etc. in the State of Orissa and their implementation is being monitored by the Commission.
[Case No. 37/3/97-LD(FC)]
4.190 The Hon’ble Supreme Court of India vide its order dated 31/1/2003 referred the subject
matter of investigation in Special Leave to Appeal (Civil) No. 7436/99 arising from the judgement
and order dated 24-12-98 of the High Court of Guwahati filed by Ms. Romila Hazarika against
Union of India and others for tracing out her missing brother Dambarudhar Hazarika after his
alleged release from custody by army personnel. The court directed that the matter may be
referred to the Commission for further investigation. Accordingly, the Commission directed spot
investigation by a team of its officers. However, despite best efforts by the team, the whereabouts
of Dambarudhar Hazarika could not be traced and he continued to be missing. The Commission
informed the Apex Court accordingly.
[30/3/2003-2004-AF]
4.191 The Supreme Court of India, vide its order dated 12-12-1996 had referred the Punjab
Mass Cremation case to the National Human Rights Commission for examining the matter
relating to 2097 cremations of dead bodies by the Punjab Police in the Police District of
Amritsar, Majitha and Tarn Taran of District Amritsar, Punjab as unidentified during the period
w.e.f.1984 to1994. The Commission heard the matter from time to time and vide its proceedings
dated 11-11-2004, it awarded compensation @ Rs. 2.50 lakhs to the next of kin of each of the
110 deceased persons who were admittedly in the custody of Punjab police at the time of
their death.
4.192 The State of Jammu & Kashmir challenged before the Supreme Court an order dated
6-9-2002 of J & K High Court extending all migrants from militancy affected areas, the
same benefits as has been given to the migrants from Kashmir Valley in Special Leave to
Appeal (Civil No.34 of 2003). The Hon’ble Supreme Court of India vide its order dated
28-1-2004 referred the aforesaid matter to the Commission for its disposal.
4.193 The Commission while considering the matter on 10-8-2004 observed that it could not
sit in appeal over the judgement and order of the High Court and it is only the Supreme Court
which has jurisdiction to decide the appeal. Accordingly, the reference was returned to the Hon’ble
Supreme Court to decide the SLP on the judicial side.
[Case No. 41/9/2004-2005]
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