'Traveled Beyond Its Brief': P&H High Court Stays State Human Rights Commission's Direction To Register FIR Against Police Officials

The Punjab & Haryana High Court has stayed the operation of directions issued by the Punjab State & Chandigarh (UT) Human Rights Commission, observing that the Commission had “travelled beyond its brief” by ordering executive authorities to take coercive action rather than issuing mere recommendations as mandated under the Protection of Human Rights Act, 1993.While issuing notice to the State, Chief Justice Sheel Nagu and Justice Sanjiv Berry, said, "it is quite evident that the Human Rights Commission has travelled beyond its brief by issuing, directions and orders, to be complied with by the executive authorities, instead of recommending."Commission Directed Registration of FIRThe petitioners—five individuals, including four police personnel—challenged the Commission's order passed in October. The order directed the Commissioner of Police, Jalandhar, to register an FIR under Sections 365, 342, 166, 34, 120-B IPC against Inspector Gagandeep Singh Sekhon (then SHO), ASI Satnam Singh, ASI Makhan Singh, Constable Gurpreet Singh, and another individual, Harsimranjit Singh.The Commission's order, issued after concurring with a DSP's inquiry report, further instructed the Commissioner of Police to take “necessary action” against the named officials and submit an action-taken report before the next hearing.Commission Exceeded Its AuthorityThe High Court found that the impugned order to be ultra vires, noting that under the statutory scheme, the Human Rights Commission is a recommendatory body. After conducting an inquiry into a complaint—here, FIR dated 03.07.2023 under Sections 379-B, 295-A, 323, 120-B IPC—the Commission may only make recommendations to the State Government.The Bench highlighted that Section 18 of the Protection of Human Rights Act, 1993 does not empower the Commission to issue binding directions to the executive. If the State Government chooses not to accept the Commission's recommendations, the Act provides the remedy of approaching the High Court or the Supreme Court under Section 18(b).Pending further proceedings, the Court ordered that the directions issued by the Human Rights Commission against all petitioners shall remain stayed.The matter is now listed January 13.Mr. Navkiran Singh, Advocate, for the petitioners. Mr. Vipin Pal Yadav, Addl. AG, PunjabClick here to read order

'Traveled Beyond Its Brief': P&H High Court Stays State Human Rights Commission's Direction To Register FIR Against Police Officials

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