Erstwhile SHRC recommendations can’t be compared to executable order: HC

Srinagar, Sep 28: The High Court of J&K and Ladakh Saturday held that the erstwhile J&K State Human Rights Commission’s recommendations could not be equated to an executable order.

A bench of Justice Vinod Chatterji Koul held this while dealing with a related plea underscored that the recommendations made by the commission could not be equated to an executable order at all, saying the commission was neither a judicial authority nor a quasi-judicial authority to adjudicate upon the disputed facts.

“Therefore, the recommendations made by the commission cannot be termed as a verdict on resolving the disputed facts and the same are not binding on the parties before the commission,” the court said.

It made the observation in response to a plea filed by Muhammad Amin Khan.

He was seeking the court’s intervention for compensation and providing of employment to one of his family members under SRO 43 of 1994 based on the recommendation of SHRC which was winded up following the abrogation of Article 370.

In 2008, Khan petitioned SHRC, alleging that his son Irshad Ahmad Khan was called by the Army to GOC 15 Corps at Army Headquarters Srinagar in 2004 and was kept under custody and that his son was not released, nor heard of since then.

In response to the complaint, the commission made a recommendation to the then state government to sanction an ex-gratia relief of Rs 1 lakh in favour of the next of kin of Irshad as also employment under SRO 43 of 1994 read with Government Order No 893-GAD of 2008 dated July 4, 2008.

However, the government in a communication dated August 7, 2014, rejected recommendations of the commission.

Against the rejection, Khan filed a petition in the High Court which the court dismissed.