NHRC asks J&K admin to implement SHRC recommendations in Sarvanand Koul case within 8 weeks

The NHRC added that the order which has been passed by the erstwhile SHRC of J&K has been passed on a careful appreciation of materials which has been placed on record. Therefore, the plea of not implementation of the same is of no use.
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New Delhi, July 2: The National Human Rights Commission (NHRC) has directed the Jammu and Kashmir (J&K) Chief Secretary to take a humanitarian approach for resolving the grievance of the complainant in renowned slain Kashmiri poet Sarvanand Koul Premi's case and implement the recommendation made by State Human Rights Commission (SHRC).

"The Commission directs Chief Secretary, Jammu and Kashmir, to take a humanitarian approach for resolving the grievance of the complainant in the capacity of the recommendations made by the SHRC within a period of eight weeks and submit its report accordingly within the given time frame," NHRC said on Friday.

The NHRC added that the order which has been passed by the erstwhile SHRC of J&K has been passed on a careful appreciation of materials which has been placed on record. Therefore, the plea of not implementation of the same is of no use.

It said that as recommendation of the erstwhile SHRC of J&K is concerned, it has not been challenged before the J&K High Court, rather the question has been raised regarding jurisdiction of NHRC to implement the recommendation of the erstwhile SHRC of J&K.

Therefore, in view of the full bench judgment of the Madras High Court, it is the duty of the state government to implement the recommendation and order of the erstwhile SHRC of J&K until the same is set aside by the High Court.

The NHRC said: "In consideration of above, the Commission is of the view that High Court of Jammu and Kashmir, and Ladakh at Srinagar while dealing with WP (C) No. 1431/2021 has neither issued a notice to the Commission nor stayed the proceeding of the Commission."

"The Chief Secretary is not averse to filing any reply before the Commission. In the said order the Court have clearly mentioned that issue to notice to respondent No. 2 i.e. Rajender Premi and has neither stayed the proceeding and nor directed to even issue a notice to the Commission," the NHRC added.

"The Court further directed the J&K Chief Secretary to file the response before the Commission on or before the due date and in case he does so he need not appear in person on the said date subject to further orders that may be passed by the Commission."

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