TMI Blog2003 (12) TMI 637X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to police custody for seven days and there was a further order to release him on provisional bail for one month from 13.4.1994. The Court also directed that he should be admitted in CCI Hospital and interrogated there. The provisional bail was confirmed later on subject to certain conditions. The CBI, after obtaining sanction, filed a charge sheet on 18.8.1998 under Sections 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act for the possession of assets disproportionate to the known sources of income. A day thereafter, i.e. on 19.8.1998, the National Human Rights Commission (for short NHRC ) received a complaint from Mr. A.K. Sinha alleging illegal detention from 25.3.1994 to 3.4.1994. He also alleged harassment and torture by the CBI officials including Mr. N.C. Dhoundial, S.P., CBI (Petitioner in WP (C) 42/2001) . He alleged that a false case was registered against him for extraneous reasons on account of the antagonistic attitude of the S.P.\027 Mr. Dhoundial, towards him. The complainant alleged that the action of the CBI in causing his unlawful detention during the period 25.3.1994 to 3.4.1994 and the harsh treatment meted out to him aggravated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hority of law during the period 25.3.1994 to 3.4.1994 resulting in the violation of his human rights. The Commission directed the Director, CBI to initiate appropriate disciplinary action for the misconduct of the four officials arising out of the illegal detention of the complainant Shri A.K. Sinha. It was made clear that the direction would not in any manner affect the prosecution of Shri Sinha for the offences under Prevention of Corruption Act. It may be noted that before recording its findings and giving directions as above, the Commission did not afford personal hearing or the opportunity to adduce evidence to the writ petitioner and other officials. Questioning the said order of NHRC, Shri P.K. Panigarhi, the then Inspector, CBI filed a Writ Petition\027 CWJC 2454/2000 under Article 226 in the Patna High Court (Ranchi Bench). The learned Judge dismissed the writ petition by an order dated 14.8.2000. The learned Judge observed that all the contentions raised by the writ petitioner were considered by NHRC and he found no reason to interfere with the impugned order. However, the learned Judge made it clear that the order in question was in the nature of recommendation and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ials is as follows: After the search on 25.3.1994 the complainant was asked to accompany the DSP, CBI to the SP s office at Ranchi. During interrogation, the complainant disclosed that he kept certain papers, pass-books and keys of lockers in a brief case handed over to one Ranjan Pandey, a contractor of his department at Patna. He volunteered to accompany the CBI officials to Patna with a view to assist them in the investigation. Accordingly, Shri N. Jha, Shri Panigrahi and Shri B.N. Singh together with the complainant started on the journey to Patna in the evening. After reaching the outskirts of Ranchi. Sri Sinha complained of chest pain and wanted to be examined at a private nursing home named by him. Accordingly, he was taken to that hospital but the doctor concerned was not available. Hence, on the request of the complainant, he was taken to Central Coalfield Hospital at Ranchi and was admitted in the Hospital. The CBI officials left the hospital after his family members came to the hospital to attend on him. On the morning of 26.3.1994, he was discharged from the hospital after certain tests including ECG were conducted. The complainant then expressed his preparedn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed before the Special Judge, CBI, Ranchi with a prayer to remand him to police custody. The CBI officials denied having kept the police personnel in the hospital either on 25.3.1994 or on the second occasion. They relied on the entries in the case diary in support of their contention that he was not arrested till 3.4.1994. Regarding the steps taken by them for providing medical attendance to the complainant on the first day i.e. 25.3.1994, the stand of CBI officials has been that it was done on humanitarian considerations, but not because he was in their custody. The Commission was not prepared to accept the version of the CBI officials. The relevant comment made by the learned Chairman of NHRC to discredit their version is extracted hereunder: The Commission has given its anxious consideration but it is not inclined to accept the above explanation because it is unreal to expect that a wrong doer will make a record of his wrong actions. Absence of such record in the case diaries prepared by a noticee cannot be relied on to disprove the otherwise established fact of the illegal detention of Shri A.K. Sinha during the aforesaid period. Had Shri Sinha not been in actu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged illegal detention took place as per the mandate of Section 36(2) was answered by the Commission in the following words: The violation of human rights is a continuing wrong unless due reparation is made. It gives rise to recurring cause of action till redressal of the grievance. The Protection of Human Rights Act, 1993 has been enacted with the object of providing better protection of Human Rights and it cannot be assumed that the mere lapse of a certain period would be sufficient to render the violation immune from the remedy of redressal of the grievance. We cannot endorse the view of the Commission. The Commission which is an unique expert body is, no doubt, entrusted with a very important function of protecting the human rights, but, it is needless to point out that the Commission has no unlimited jurisdiction nor does it exercise plenary powers in derogation of the statutory limitations. The Commission, which is the creature of statute, is bound by its provisions. Its duties and functions are defined and circumscribed by the Act. Of course, as any other statutory functionary, it undoubtedly has incidental or ancillary powers to effectively exercise its juris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity in the interpretation of the provision and to discern the legislative intent (vide Uttam Das vs. S.G.P.C. [(1996) 5 SCC 71] and Bhinka Vs. Charan Singh [AIR 1959 SC 960]. In fact, Section 36(2) does not mince the words and the language used is clear and categorical. The marginal note to the Section is being referred to only to consider whether the bar created by Section 36(2) has a bearing on the power or jurisdiction of the Commission. The bar under Section 36(2) is sought to be got over by the Commission by invoking the theory of continuing wrong and the recurring cause of action. According to the Commission, every violation of human right is a continuing wrong until and unless due reparation is made. We find it difficult to accept this proposition propounded by the Commission. The short answer to this view point is that such a view, if accepted, makes Section 36(2) practically a dead letter. Moreover, going by the language employed in Section 36(2), we do not think that the concept of continuing wrong could at all be pressed into service in the instant case. The time limit prescribed is referable to the alleged act constituting the violation of human rights. In a case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut in this case? We find none in the impugned order of the Commission. As already noticed, the petition filed by the complainant was received by the Commission a day after the charge sheet was filed though it bears an earlier date. For nearly 4= years the complainant kept quiet. The explanation given in the complaint for this long silence was that he was under the impression that by reporting the matter to NHRC he might be antagonizing the CBI officials, but, after realizing that they were not acting fairly and objectively and they continued to harass him, he thought of filing the petition before NHRC. The Commission, on its part, did not advert to this explanation which is really no explanation at all, nor did it advert to any extraordinary circumstances justifying interference after a long lapse of time prescribed by Section 36(2). The Commission thus tried to clutch at the jurisdiction by invoking the theory of continuing wrong which, as we held earlier, cannot be invoked at all. In this view of the matter, the direction given by the Commission to the Director of CBI, which has an undoubted effect on the service career of the writ petitioner, is violative of Article 14 of the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
