PUCL UP Goes to the High Court Again
Absence of a State Human Rights Commission
Leads to Increase in Suppression of Rights, Demoralization of People - PUCL
Takes the Case of Mandeep Singh to Court
In
three different cases filed up by the UP PUCL the High Court asked the State
Government to constitute a State Human Rights Commission. In the absence of
any steps to do so the UP PUCL filed a writ petition in the High Court asking
for the establishment of such a commission. The High Court gave the Government
three months to do so, which period expired on April 12,2000. The UP PUCL filed
a contempt petition against the Chief Minister and the Court directed that the
a counter affidavit be filed within two weeks. Neither the counter was filed
nor the State Human Rights Commission was established.
The UP PUCL in this case has again tried, among other things, for the establishment
of such a commission. The above petition was taken up by the Lucknow Bench of
the UP High Court on July 4,2000, by honourable Justice SHA Raza and honorable
Justice RP Nigam. The judges were pleased to order as follows:
"…. Learned Standing Counsel Shri AH Rizvi vehemently submits that
the present writ petition is filed on the basis of allegation published in the
media which can not be basis of interference by this Court. He requested this
Court shortest possible time to file a counter affidavit.
"We are of the view that in such matter the court should act with promptitude,
because inaction in such matter may result into a catastrophe. Mandeep Singh
has already immolated himself due to shock alleged non-fulfillment of the promises
and alleged harassment Smt. Malkit Kaur may endanger her life.
"Hence at the present juncture, we direct the State Government to fulfill
the assurances and promise, which might have been made by the Chief Minister
of the State within a week. The question as to whether the investigation of
the case may be transferred to the CBI or whether the family deserves to be
paid compensation on account of sad demise of late Mandeep Singh and compensation
for the alleged harassment by the police person with the family, after the death
of Mandeep Singh will be decided later on.
"It would be exclusively the responsibility of the Director General of
Police to see that mother and brothers of late Mandeep Singh Sondhi be not subjected
to any harassment either by the police or officials of the CBCID, we further
provide that the Chief Judicial Magistrate, Lucknow, along with a copy of the
order, will visit the place where Smt. Malkit Singh is sitting on Dharna and
explain to her that People's Union for Civil Liberties has already filed a writ
petition, in which certain orders have been passed and she should be rest assured
that Justice should be done to her (emphasis ours -Ch. Ed.), hence she should
desist from taking any drastic step to endanger her life in any manner whatsoever.
"Let a response be filed by the additional Chief Standing Counsel within
a week. List this petition on 24th July 2000. On that date the principal secretary/
Home Secretary of the state of UP shall appear in person before this court to
explain as to what action has been taken by the State Government with regard
to alleged promises which were made to the family of late Mandeep Singh Sondhi.
He will also indicate as to why in spite of insurance of a writ in the nature
of Mandamus the State Government has not constituted the state Human Rights
commission, particularly when the violation of Human Rights is highest in the
State of UP".
- O.D. Singh, Gen Sec. PUCL UP
(PUCL Bulletin, Aug 2000)