|
Chapter IV
PROCEDURE
17. Inquiry into complaints
The Commission while inquiring into the complaints of
violations of human rights may-
(i) call for information or report from the Central
Government or any State Government or any other authority or
organization subordinate thereto within such time as may be
specified by it;
Provided that-
(a) if the information or report is not received within the
time stipulated by the Commission, it may proceed to inquire
re into the complaint on its own;
(b) if, on receipt of information or report, the Commission
is satisfied either that no further inquiry is required or
that the required action has been initiated or taken by the
concerned Government or authority, it may not proceed with
the complaint and inform the complainant accordingly;
(ii) without prejudice to anything contained in clause (i),
if it coners necessary, having regard to the nature of the
complaint, initiate an inquiry.
18. Steps after inquiry
The Commission may take any of the following steps upon the
completion of an inquiry held under this Act namely :
(1) where the inquiry discloses, the commission of
violation of human rights or negligence in the prevention of
violation of human rights by a public servant, it may
recommend to the concerned Government or authority the
initiation of proceedings for prosecution or such other
action as the Commission may deem fit against the concerned
person or persons;
(2) approach the Supreme Court or the High Court
concerned for such directions, orders or writs as that Court
may deem necessary;
(3) recommend to the concerned Government or
authority for the grant of such immediate interim relief to
the victim or the members of his family as the Commission
may consider necessary;
(4) subject to the provisions of clause (5), provide
a copy of the inquiry report to the petitioner or his
representative;
(5) the Commission shall send a copy of its inquiry
report together with its recommendations to the concerned
Government or authority and the concerned Government or
authority shall, within a period of one month, or such
further time as the Commission may allow, forward its
comments on the report, including the action taken or
proposed to be taken thereon, to the Commission;
(6) the Commission shall publish its inquiry report
together with the comments of the concerned Government or
authority, if any, and the action taken or proposed to be
taken by the concerned Government or authority on the
recommendations of the Commission.
19. Procedure with respect to armed forces
(1 ) Notwithstanding anything contained in this Act, while
dealing with complaints of violation of human rights by
members of the armed forces, the Commission shall adopt the
following procedure, namely :
(a) it may, either on its own motion or on receipt of
a petition, seek a report from the Central Government;
(b) after the receipt of the report, it may, either not
proceed with the complaint or, as the case may be, make its
recommendations to that Government.
(2) The Central Government shall inform the Commission of the
action taken on the recommendations within three months or
such further time as the Commission may allow.
(3) The Commission shall publish its report together with its
recommendations made to the Central Government and the action
taken by that Government on such recommendations.
(4) The Commission shall provide a copy of the report
published under sub-section (3) to the petitioner or his
representative.
20. Annual and special reports of the Commission
(1) The Commission shall submit an annual report to the
Central Government and to the State Government concerned and
may at any time submit special reports on any matter which, in
its opinion, is of such urgency or importance that it should
not be deferred till submission of the annual report.
(2) The Central Government and the State Government, as the
case may be, shall cause the annual and special reports of the
Commission to be laid before each House of Parliament or the
State Legislature respectively, as the case may be, along with
a memorandum of action taken or proposed to be taken on the
recommendations of the Commission and the reasons for
non-acceptance of the recommendations, if any.
|
