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Human Rights Commission Cannot Decide Disputes Arising Out Of Exercise Of Statutory Powers And Duties: Kerala HC [Read Judgment]

LIVELAW NEWS NETWORK
8 Jun 2020 6:53 AM GMT
Human Rights Commission Cannot Decide Disputes Arising Out Of Exercise Of Statutory Powers And Duties: Kerala HC [Read Judgment]
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"The very nature and power of the Human Rights Commission is recommendatory, when it is called upon to decide the rights of the individual which otherwise available to him collectively."
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The Human Rights Commission cannot decide any dispute which arises out of an exercise of statutory powers and duties, the Kerala High Court has observed.

The Court was considering a writ petition filed by Kerala State Electricity Board challenging an order of State Human Rights commission directing it to remove four stay wires from the property of the complainant.

The Commission has passed such an order in a complaint filed by One M.N.Swaminathan, who had alleged that four stay wires were laid in his property for an electric post without his consent and knowledge.

While holding that this order was passed without jurisdiction, Justice A. Muhamed Mustaque observed:

"The Human Rights Commission cannot decide any dispute which arises out of an exercise of statutory powers and duties. The very nature and power of the Human Rights Commission is recommendatory, when it is called upon to decide the rights of the individual which otherwise available to him collectively. Individual may have many rights. All rights are connected to human also. The fundamental difference between human rights and other rights is simple. The former refers to a group right which one could claim being the member of that group. The identity of the group is the paramount consideration. Rest of the rights are either referable to the individual derived to him naturally, or under law or as a right under the Constitution. Without differentiating these rights, the Human Rights Commission could not have embarked upon deciding the matter.  "
Case details
Case no.: WP(C).No.30871 OF 2013(
Case name: EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD,  M.N.SWAMINATHAN
Coram: Justice A. Muhamed Mustaque
Counsel: Advocates K.M.SATHYANATHA MENON, N.VIMALAN and .K.ANAND

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