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Recommendations of Human Rights Commission are not binding on the State: HC
10/9/2019 11:25:27 PM
Early Times Report
Jammu, October 9:
In a far reaching judgment, Justice Ali Mohammad Magrey holds that the recommendations of Human Rights Commission are not binding on the State, more so, when they have denied the claim of the petitioner that the deceased (Abdul Ahad Malik) died in a militancy related incident.
This significant judgment has been passed in a petition filed by Nazir Begum for following relief that a writ of mandamus be passed in favour of the petitioner and against the respondents, whereby respondents be commanded to implement the recommendations of Human Rights Commission and thereby be directed to the case of the petitioner to pay ex-gratia relief to the petitioner and also a writ of mandamus be passed in favour of the petitioner and against the respondents, whereby respondents be commanded by appointing under SRO 43 the elder son of the petitioner.
Justice Ali Mohammad Magrey while dismissing the petition observed that the objections of Deputy Commissioner, Bandipora, are disputing the cause of death of the deceased related to some accident/violence by security forces, which has reference to the letter of AIG (HQRS) Vigilance Organization dated 10.07.2008.
The respondents have disputed the claim of the petitioner that her husband died in a militancy related incident and have in fact stated that the said deceased died a natural death. From the perusal of the pleadings too, it is not forth coming that the deceased died in a militancy related incident, therefore, disputed questions of fact are involved in the present case, which cannot be determined/adjudicated by this Court and no relief can be passed on disputed question of facts. High Court further observed that the petitioner has to approach a civil Court for establishment of her right before filing a writ petition and the recommendations of Human Rights Commission are not binding on the respondents, moreso, when they have denied the claim of the petitioner that the deceased (Abdul Ahad Malik) died in a militancy related incident. (JNF)
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