State of Odisha v. Radhakanta Tripathy
Case brief
What is this about?
The High Court of Orissa set aside a National Human Rights Commission direction ordering the State Government to pay compensation to next of kin. The Court held that since the Commission did not conduct an inquiry under Section 16, it could not exercise powers under Section 18 to issue a binding direction, as the Act only empowers it to recommend.
What did the court decide?
Impugned communication directing payment of compensation is set aside and quashed; State directed to consider compensation policies.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.38923 Of 2020 (Through hybrid mode)
State of Odisha and others
…. Petitioners
Mr. A.K. Sharma, AGA
-versus-
Radhakanta Tripathy and another
…. Opposite Parties None
CORAM: JUSTICE ARINDAM SINHA
ORDER
Order No.
5.
29.06.2022
Issues for consideration
3 issues framed by the court
Whether the National Human Rights Commission exceeded its powers under Section 18 of the Protection of Human Rights Act, 1993 by directing payment of compensation without conducting an inquiry
Whether the issuance of a direction correcting a communication on compensation was issued in excess of authority
Whether lack of inquiry by the Commission precludes it from exercising powers under Section 18
Parties & counsel
- petitioner
State of Odisha
- respondent
Radhakanta Tripathy
Coram
Arindam Sinha
Case details
As recorded by the court registry
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