Two writ petitions regarding the implementation of Human Rights Commission orders were dismissed on the ground that the Court cannot act as an executing court of the Commission's orders without following prescribed procedures.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 4TH DAY OF AUGUST 2023 / 13TH SRAVANA, 1945
WP(C) NO. 9561 OF 2016
PETITIONER/S:
VARGHESE SAMUEL AGED 62 YEARS
KALLEKKAL THARAYIL HOUSE, VALIYA KULANGARA PO, MAVELIKKARA, ALAPPUZHA DISTRICT
BY ADVS.
SRI.M.T.SURESHKUMAR SRI.P.R.JAYASANKAR SRI.N.MANU THAMPI
RESPONDENT/S:
SRI.JUSTIN JACOB, SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.08.2023, ALONG WITH WP(C).3721/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.9561/2016 & 3721/2016
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 4TH DAY OF AUGUST 2023 / 13TH SRAVANA, 1945
WP(C) NO. 3721 OF 2016
PETITIONER/S:
KERALA STATE HUMAN RIGHTS COMMISSION THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.
BY ADVS. SRI.K.V.SOHAN SRI.BIJO MATHEW JOY SRI.ROVIN RODRIGUES SMT.SREEJA SOHAN.K.
RESPONDENT/S:
1 STATE OF KERALA REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
SRI.JUSTIN JACOB, SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.08.2023, ALONG WITH WP(C).9561/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.9561/2016 & 3721/2016
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J U D G M E N T [WP(C) Nos.9561/2016 & 3721/2016]
4
WP(C) Nos.9561/2016 & 3721/2016
police officials in connection with some crime cases.
WP(C) Nos.9561/2016 & 3721/2016
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Writ petitions with the aforementioned findings stand dismissed. Pending interlocutory applications, if any, in these writ petitions would stand dismissed.
Sd/AMIT RAWAL JUDGE
jg
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WP(C) Nos.9561/2016 & 3721/2016
APPENDIX OF WP(C) 3721/2016
PETITIONER EXHIBITS
P1- TRUE COPY OF THE ORDER IN HRMP NO.2648/2010 ISSUED BY THE COMMISSION, DT. 01.12.2012.
P2- TRUE COPY OF THE PETITION NUMBERED AS HRMP.1764/2014 DT. 12.02.2014.
P3- TRUE COPY OF THE ENQUIRY REPORT DT. 25.06.2013 FILED BY THE POLICE SUPERINTENDENT, CRIME BRANCH CID HHWU-11, ERNAKULAM.
P4- TRUE COPY OF THE REPORT WITHOUT ENCLOSURES FILED BY RESPONDENT NO.3 TO THE PRINCIPAL SECRETARY TO THE GOVT., HOME DEPARTMENT DT. 12.03.2014.
P4(A)- TRUE COPY OF THE REPORT FILED BY RESPONDENT NO.3 TO RESPONDENT NO.2 DT. 25.03.2014.
P5- TRUE COPY OF THE REPORT WITHOUT ENCLOSURES FILED BY RESPONDENT NO.2 BEFORE THE KERALA STATE HUMAN RIGHTS COMMISSION DT. 09.04.2014.
P6- TRUE COPY OF THE ORDER PASSED BY THE COMMISSION IN HRMP 1764/14/ALPY DT. 08.08.2014.
WP(C) Nos.9561/2016 & 3721/2016
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APPENDIX OF WP(C) 9561/2016
PETITIONER EXHIBITS
P1:TRUE COPY OF THE PETITION SUBMITTED BEFORE THE HUMAN RIGHTS COMMISSION DATED 10.06.2010
P2:TRUE COPY OF THE ORDER DATED 01.12.2012 OF THE STATE HUMAN RIGHTS COMMISSION
P3:TRUE COPY OF THE PETITION DATED 12.02.2014 FILED FOR EXECUTION OF EXHIBIT P2
P4:TRUE COPY OF THE ORDER DATED 08.08.2014 OF THE KERALA STATE HUMAN RIGHTS COMMISSION
P5:TRUE COPY OF THE APPLICATION FILED BY THE
PETITIONER HEREIN BEFORE THE HUMAN RIGHTS COMMISSION UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT
1 issue framed by the court
Whether this Court can entertain writ petitions seeking implementation of orders of the Human Rights Commission.
Varghese Samuel
Kerala State Human Rights Commission
Secretary Department of Home Government of Kerala
State Police Chief
Kerala State Human Rights Commission
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
