Option to disagree with NHRC award not available to any State: HC

CHENNAI: A division bench of the Madras High court ruled that if the National Human Rights Commission is passing an award to the State governments, the states have no option to disagree with the award of the NHRC.

“…in view of the judgment of the Full Bench in Abdul Sathar Vs State of Tamil Nadu, the option to disagree is not available to the State anymore. It is for the State either to comply with or to challenge the orders, ” the bench comprising Justice R Subramanian and Justice K Kumaresh Babu held.

The judges made this observation on a hearing petition filed by advocate SK Samy. The petitioner sought direction to the State government directing the respondent to pay compensation of Rs 15,000 as awarded by the NHRC and to take criminal action against the delinquent police officials who were instrumental in harassing and torturing the petitioner.

The petitioner further alleged that the State government did not comply with the award of NHRC and informed the commission that it does not agree with the recommendation of the Commission in the year 2014.

Recording the submissions, the bench held that the Chief Secretary of Tamil Nadu is the sole respondent and is required to take a call on compliance with the orders of the NHRC. The judges asked the CS to file a report by November 15.

The case of the petitioner was that he approached the NHRC for action against several police officers for harassing advocates and law students during a clash at law college in Chennai in 2008.

Since Samy's act triggered the police, they filed an FIR against him and tortured him in custody. Hence, he filed another complaint with the NHRC and the commission directed the Chief Secretary to take action against the delinquent officials.