Annual Report - National Human Rights Commission

Complaints Before the Commission
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
○
4.194 Shri Gulab Saha R/o District Bhagalpur filed a LPA No. 6/2004 in CWJC No. 10452/
2003 before the Patna High Court regarding non-payment of pre and post retrial dues to the
petitioner by the Bihar State Road Transport Corporation. The matter was referred to the
National Human Rights Commission vide order dated 10-12-2003 by the Division Bench of
the High Court at Patna for consideration by the Hon’ble Chairperson so that the nation may
see an ugly facet of state government companies and State Public Sector Undertaking of
Bihar, the grounding of them and the effect on the workers who may have retired in the
last 25 years.
4.195 Since the LPA was directed against an order of the learned single judge, the Commission
observed that it was unable to sit in appeal over the judgement of the Learned Judge of the High
Court and in that view of the matter unable to make any recommendation in the case under the
Act. Suitable communication in this regard was sent to the Registrar General of the High Court.
[Case No. 2423/4/2004-2005]
4.196 During his visit to Central Jail, Ambala on 18-10-03, the case of a mentally ill
prisoner Jai Singh came to the notice of the Chairperson, NHRC. It appeared that, after
his admission to jail in case FIR No. 28 dated 3.3.76 u/s 302/ 34 IPC, he was transferred
to Mental Hospital, Amritsar on 9-5-1979 for treatment. He had not been able to stand
the trial, presumably because of his mental condition. He was never produced in the
trial court for trial in the said case and continued as an under-trial prisoner for over
26 years.
4.197 The NHRC, in order to achieve the object of protecting and promoting human rights
and to prevent further violation of human rights of life and liberty of the under trial prisoner
Jai Singh, approached the Hon’ble High Court of Punjab & Haryana for appropriate orders/
directions in the interest of justice. Subsequently, the Commission came to know that the
case of under trial prisoner Jai Singh is already being considered along with similar other
persons by the Hon’ble High Court in CWP 10791/2002. However, the intervention
application filed on behalf of the Commission on 23-8-2004 was allowed by the Hon’ble
High Court during its hearing on 5-10-2004 and the matter is under consideration by the
High Court.
[Case No. 736/19/2003-2004]
4.198 The Commission received an intimation from the office of DG (Prisons), Delhi about
languishing in jail since 28-10-1985 of a mentally ill prisoner Charanjit who was accused in a
murder case bearing FIR No. 854/85 registered at P.S. Adarsh Nagar. Deeply concerned about
the need to protect the human rights of the under-trial prisoner, the Commission, filed an
application before the Delhi High Court under section 482 Cr.P.C. seeking the quashing of
the trial in view of the inordinate delay in the case. The High Court allowed the intervention
application. As a result of the initiative taken by the Commission, offers were made by the
National Human Rights Commission Annual Report - 2004-2005
69
AR-Chapter-1-19-10-6-06.p65
89
7/17/06, 6:29 PM