Sterlite Protests: NHRC Submits Investigation Report In Sealed Cover Before Madras High Court, Counter Affidavit To Be Filed Within 3 Weeks

The Madras High Court on Monday granted time to the National Human Rights Commission (NHRC) to file its counter affidavit making its stance clear within 3 weeks. The Court was adjudicating upon a plea moved by Mr. Henri Tiphagne, Executive Director of People's Watch seeking disclosure of NHRC's 'undisclosed' 2018 investigation report on the incident of police firing that had followed the Sterlite Protests (May 28, 2021) in Thoothukudi, Tamil Nadu.

During its earlier hearing on June 25, the Court had observed that it is 'alarming' that the State, through its police personnel, had fired on unarmed protestors, and despite the passage of three years, no action had been taken against them. 

A Bench comprising Chief Justice Sanjib Banerjee and Justice TS Sivagnanam on Monday took on record the spot investigation report of the NHRC that had been filed before the Court in a sealed cover. The Court also took on record the counter affidavit filed by the State government. Furthermore, the Court observed that despite its earlier order the NHRC had still not filed its counter-affidavit and accordingly remarked,

"As far as the NHRC is concerned, paragraph 11 of the previous order of June 25, 2021 permitted such body to use a counteraffidavit within four weeks. Since no counter-affidavit has been filed, it may be presumed that the body may not wish to file a counteraffidavit. However, learned Additional Solicitor appearing on behalf of the NHRC says that some further time may be given so that if the NHRC wishes to file a counter-affidavit, the same may be done"

The petitioner was further directed to forward a copy of the petition along with all other relevant documents to the NHRC. The matter has been listed for hearing after 4 weeks i.e. on September 13.

Case Title: Henri Tiphange v. The National Human Rights Commission

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