Supreme Court Rules NHRC Exceeded Authority by Investigating Beyond Legal Time Limit, Urges Swift Resolution in Related Cases.

The SC quashed NHRC's order dated 12.6.2000, allowing the writ petition (civil) No. 42 of 2001, concluding NHRC exceeded its jurisdiction by inquiring beyond the statutory limitation period under Section 36(2) of the Protection of Human Rights Act, 1993. SLPs and Transfer Petitions were dismissed, directing the HC of Jharkhand to expedite related cases. No costs were awarded.

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Issues Involved:
1. Alleged illegal detention and harassment by CBI officials.
2. Jurisdiction and powers of NHRC under the Protection of Human Rights Act, 1993.
3. Validity of NHRC's review and reopening of the case.
4. Applicability of the limitation period u/s 36(2) of the Protection of Human Rights Act, 1993.

Summary:

1. Alleged Illegal Detention and Harassment by CBI Officials:
A search was conducted by CBI officials on 25.03.1994 at the residence of a Telecom Department officer, followed by searches at the houses of his close relations. The officer was admitted to the hospital twice and was arrested on 3.4.1994. He alleged illegal detention from 25.3.1994 to 3.4.1994, harassment, and torture by CBI officials, which he claimed aggravated his cancer. NHRC initially found no substance in the complaint but later reviewed and found a prima facie case of illegal detention, directing disciplinary action against four CBI officials.

2. Jurisdiction and Powers of NHRC:
NHRC's decision to review its earlier order was based on Section 13 of the Protection of Human Rights Act, 1993, which it interpreted as conferring the power of review similar to that of a civil court. The Commission overruled objections based on Regulation 8(1)(b) of NHRC (Procedure Regulations) and Section 36(2) of the Act, asserting that the violation of human rights is a continuing wrong.

3. Validity of NHRC's Review and Reopening of the Case:
The Supreme Court found that NHRC did not afford personal hearing or the opportunity to adduce evidence to the CBI officials. The Commission's decision was based on averments in the review petition and replies submitted by the officials, leading to a conclusion of human rights violation without a detailed examination of evidence.

4. Applicability of the Limitation Period u/s 36(2):
The Supreme Court held that Section 36(2) of the Protection of Human Rights Act, 1993, places an embargo on NHRC from inquiring into any matter after the expiry of one year from the date of the alleged act constituting the violation of human rights. The Court rejected NHRC's theory of continuing wrong, stating that the alleged act of unauthorized detention ceased on 3.4.1994, and the one-year period for taking up the enquiry ended by 3.4.1995. The Court concluded that NHRC exceeded its jurisdiction by taking up the enquiry beyond the statutory limitation period.

Conclusion:
The Supreme Court quashed NHRC's order dated 12.6.2000, allowing the writ petition (civil) No. 42 of 2001. The SLPs and Transfer Petitions were dismissed, and the High Court of Jharkhand was directed to dispose of the related Writ Petitions/LPA pending on its file with expedition in light of this judgment. No costs were awarded.

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