NHRC Tells Delhi High Court Mere Fact That It Is Situated In Delhi Not Sufficient To Entertain Claims Relating To Other States

The National Human Rights Commission on Monday stated that merely because its office is situated in Delhi is not a sufficient ground for the Delhi High Court to entertain claims related to other states.

Stating that the instant case pertains to compensation payable by the State of Manipur, Advocate Vrinda Grover submitted that the Delhi High Court does not have territorial jurisdiction to hear the matter.

She submitted that a similar petition was filed by the same petitioner pertaining to State of Arunachal Pradesh and it was rejected by a Coordinate Bench of the Delhi High Court in April this year with liberty to approach the competent court having necessary territorial jurisdiction.

"Merely because NHRC is situated in Delhi does not mean he can keep filing these petitions," Grover submitted.

She referred to an order passed by Justice Pratibha Singh on April 16, 2021, holding that "NHRC as a national body would also be amenable to jurisdiction even in the appropriate High court."

The petition was filed by activist Suhas Chakma, aggrieved by an order dated 8th September 2020 of the NHRC, directing State of Manipur to pay an amount of Rs.5 lakhs each as monetary compensation to the next kin of two deceased and further stating that the next kin of the two deceased could approach a competent court of law for enforcing compliance.

Chakma argued that NHRC has ample power to enforce its orders and, accordingly, relegating the parties to the competent court of law would be contrary to the scheme of the Protection of Human Rights Act, 1993.

As Grover opposed the plea on behalf of NHRC, Advocate Nitesh Kumar Singh appearing for Chakma argued that the relief sought in the present petition is in no way similar to that sought before Justice Singh.

In this backdrop, Justice Rekha Palli, adjudicating the instant case, ordered thus:

"Since the present petitioner was also the petitioner in W.P(C) 4731/2021, he is granted two weeks' time to place on record a copy of the writ petition filed being W.P.(C)4731/2021, along with additional affidavit pointing out, as to why, the present petition be entertained before this court."

The matter is now fixed for December 7, 2021.

Case Title: Suhas Chakma v. NHRC