NHRC has jurisdiction in J&K to recommend action: Commission

The NHRC on Thursday brushed aside the contention of the J&K government that NHRC does not have jurisdiction to give recommendations in a case of death due to alleged police atrocity in the state.

Updated: Jan 13, 2011, 21:54 PM IST

New Delhi: The NHRC on Thursday brushed aside
the contention of the Jammu and Kashmir government that NHRC
does not have jurisdiction to give recommendations in a case
of death due to alleged police atrocity in the state and has
said that its recommendations do not interfere with the law.

The case is related to Mohan Lal, a rickshaw puller
who was picked up by police in 2003 suspecting him to be a
thief and allegedly tortured to death, NHRC said here.
"There is medical evidence to indicate that he was
subjected to third degree torture during interrogation.
Ultimately, he died in district police lines hospital, Jammu
on July 2, 2003," the Commission said.

The incident was brought to the notice of the Commission
by Suhas Chakma, Director, Asian Centre for Human Rights and
on consideration of various reports, NHRC recommended that the
J&K government pay Rs five lakhs as monetary relief to the
next of kin of the victim.
But the state government did not send a compliance report
and proof of payment and replied that as per section (2) of
the Protection of Human Rights Act, 1993, it specifically
excludes the operation of the said Act to the state of J&K,
NHRC said.

The Commission, not accepting the contention raised by
the state, asked for a compliance report along with proof of
payment from the J&K Government within six weeks.

PTI