PARAMJIT KAUR versus STATE OF PUNJAB AND ORS.

PARAMJIT KAUR versus STATE OF PUNJAB AND ORS.

Statutory limitation in Section 36(2) of the Protection of Human Rights Act, 1993 does not fetter the jurisdiction of the National Human Rights Commission when such jurisdiction is exercised pursuant to Supreme Court's direction under Article 32 of the Constitution; in such cases, the Commission acts as a sui generis body and not as an independent statutory authority under the Act.

Parties
Applicant: Paramjit Kaur; Respondent: State of Punjab and Others; Intervener: Union of India; Instrumentality: CBI (Central Bureau of Investigation)
Jurisdiction
India
Judgment Date
10 September 1998
Procedural Posture
Writ Petition (criminal) / Disposal of Miscellaneous Petition for Clarification and Substantive Order
Outcome
Petitions dismissed.
Legal Topics
Jurisdiction Under Article 32, National Human Rights Commission, Statutory Limitation, Sui Generis Jurisdiction
Constitutional Law Human Rights Law Jurisdiction Under Article 32 National Human Rights Commission Statutory Limitation Sui Generis Jurisdiction

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Parties

Paramjit Kaur

Applicant

State of Punjab and Others

Respondent

Union of India

Intervener

CBI (Central Bureau of Investigation)

Instrumentality

Procedural Posture

Writ Petition (criminal) / Disposal of Miscellaneous Petition for Clarification and Substantive Order

Legal Issues

  1. 1 Whether the statutory limitation under Section 36(2) of the Protection of Human Rights Act, 1993 bars the National Human Rights Commission from investigating allegations of human rights violations referred by the Supreme Court after one year.
  2. 2 Whether the Commission acts as a body sui generis and is not bound by statutory fetters when acting under Supreme Court remit under Article 32.
  3. 3 Whether referring matters to the National Human Rights Commission by the Supreme Court constitutes impermissible delegation.

Ratio Decidendi

Statutory limitation in Section 36(2) of the Protection of Human Rights Act, 1993 does not fetter the jurisdiction of the National Human Rights Commission when such jurisdiction is exercised pursuant to Supreme Court's direction under Article 32 of the Constitution; in such cases, the Commission acts as a sui generis body and not as an independent statutory authority under the Act.

Court Disposition

Petitions dismissed.

Orders

  • Clarification petition disposed as indicated in judgment.
  • Intervention application rejected.