SHRC’s Recommendations Not Executable: J&K HC

Srinagar- The High Court of J&K and Ladakh has held that the recommendations made by the erstwhile J&K State Human Rights Commission cannot be equated to an executable order “at all”.

“It is useful to mention here that the recommendations made by the Commission cannot be equated to an executable order at all. The Commission is neither a judicial authority nor a quasi-judicial authority to adjudicate upon the disputed facts,” a bench of Justice Vinod Chatterji Koul said, adding, “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 was hearing a plea filed by one Mohammad Amin Khan, seeking direction to the authorities to pay compensation and provide employment to one family member under SRO 43 of 1994 based on the recommendation of SHRC which stands winded up following the abrogation of Article 370.

Khan in 2008 had filed a petition before the SHRC, alleging that his son, namely, Irshad Ahmad Khan was called by 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.

On the complaint, the Commission made a recommendation to the then State Government to sanction/pay an ex-gratia relief of Rs.1 lakh in favour of NOKs of Irshgad besides employment under SRO 43 of 1994 read with Government Order no.893-GAD of 2008 dated 4th July 2008. However the government in a communication dated 7 August 2014 rejected recommendations of the Commission and the petition, Mohammad Amin Khan had challenged the same before the court. However the court dismissed the petition.

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