Mumbai, The Bombay High Court has set aside an order of the Maharashtra State Human Rights Commission that ordered a police inspector to pay ₹$200,000 in compensation to a woman for neglect in the investigation of her son’s death, finding that the police officer was not given an opportunity to present his case.
A bench comprising Justices Revati Mohite Dere and Prithiviraj Chavan, in its August 9 judgment, set aside the commission’s order and ordered that the case be retried.
A copy of the order was made available on Tuesday.
The court observed that the commission had not heard the complainant, Abasaheb Anandrao Patil, posted with the Crime Branch in Navi Mumbai, before issuing the arrest warrant against him.
“We are of the view that the principles of natural justice have not been followed and that, given the nature of the allegations, the Maharashtra State Human Rights Commission ought to have issued a notice to the complainant,” the court said.
The Court, after hearing Patil and others, referred the matter back to the Commission for further consideration.
“Before the matter is heard on the merits, the Maharashtra State Human Rights Commission is requested to issue a notice to the complainant and other officials directing them for granting compensation and/or initiating a regulatory inquiry against them,” it said.
Patil had in his petition challenged the MSHRC’s July 2022 order directing him to pay ₹2 lakh as compensation to a woman who claimed that the police did not properly investigate the death of her son.
The official claimed that the commission issued the order without even giving him any notice or hearing him, which led to a serious miscarriage of justice, he told the court.
Besides the compensation, the commission also directed the Director General of Police to initiate a departmental inquiry against Patil and others for gross negligence.
In his plea, Patil said it was the duty of the Commission to issue summons as mandates under the provisions of the Human Rights Protection Act before passing such an order.
In 2017, the woman, Sarita Shedge, filed a complaint with the Commission, expressing her suspicions regarding the death of her son, who died in an accident.
She claimed that the police did not investigate the case even though her son died under mysterious circumstances.
The commission had directed the DGP to order registration of the offence under the charge of murder and hand over the investigation to a superintendent of police rank.
This article was generated from an automated news agency feed without any modifications.
