If no action has been taken against culprits inspite of orders passed by NHRC take our contempt of court proceedings against DC and super of police
Regarding human rights act and petition
Respected sir I had filed a case in National human rights commission. We have a 2 Acre land by road side. Highways authorities without our prior notification abducted our land. We have filed a writ petition and court directed to take possession of the land. With prior notification in news paper we took possession of the land as per Madras high court Madurai bench but with out our permission they had destroyed our fence and properties before our eyes. I had filed a case in National human rights commission and same had sent a memo to District collector and Superintendent of police to take action on sub collector and DSP within 8 weeks. But till now no action from their side. What should I do next?
Asked 5 years ago in Constitutional Law
9 Answers
You are suggested to file application in the Commission in the said regard and contempt of order by DM & SP.
Hello,
Approach the NHRC again with an application that your orders are not being complied with.
Also you can file a petition before the HC again for violating your fundamental rights.
Regards
Dear Sir,
please refer the following laws:
If there is any situation of violation of human rights guaranteed under the Constitution, the injured party may himself file a petition for violation of his human rights in the Commission or that the Commission may by Suo Moto take up the case based on any newspaper report or any other probable source of information. Once he petition is filed in the Commission, it goes through various stages of scrutiny to achieve justice. The following are the various structural sections in the State Human Rights Commissions.
INWARD SECTION:
This section constitutes the primary step of the process involved in registering a complaint. This is where the petitions are generally filed in person or say that those sent through post, telegram or any means are accepted or say filed. Petitions for violation of human rights are generally in the form of letters sent through post or telegrams addressing either the Chairperson, Secretary or Head of the HRC and under-signed by the petitioner. The petitions are here sorted out and forwarded to the Scrutiny department.
SCRUTINY SECTION:
Once a petition is received and registered, it is then received by this section which accepts the petition forwarded by the Inward Section, then scrutinizes the content and checks if there is any violation of Human right. If there is any abuse of human right the petition is forwarded else is dismissed. The forwarded petition is first fed into the computer thereby it generates a random code that would be the petition code.
PUBLIC RELATIONS SECTION:
Parties to the case or say that the petitioners or the aggrieved parties are not always educated or well versed with their rights. The parties to the case are mostly people unaware of the current scenario of the abuse of legal right and the process that is concerned with it. This section is specially set up so that people can discuss their issues, get suggestions, any necessary information or knowledge from the available Public Relations Officer as a professional help.
JUDICIAL SECTION:
Immediately as the petitions are accepted, the petitions forwarded by the Inward are sorted out and then a Cause list is prepared. Cause list is a summary of various cases that are going to be heard on various allotted date and that it gives a brief of the cases pending, their hearing dates and the progress of the case.
COURT HALL:
Once the Cause List is prepared, various petitions according to their dates of hearing are heard in a Court room of the Commission with a bench of judges with the relevant authority. The case is heard in the same manner as done in a court of similar stature and that either a judgment is passed or further postposed based on the pending issues of the case and if the case is mostly of civil nature than that of human right violation or say of any other nature, then the case is directed to the concerned forum or court.
RECORD ROOM:
Once the hearing of a court is done, either the case is closed or further hearing date is given. In any case, the petition and its Order, Comments, Report, etc. are stored in this particular section. All the details of every case that enters the court hall are maintained for future record.
you need to tell that what exactly text is of judgment given by Hon'ble court. Because only after viewing the stem of entire decision it would be clear.
Dear,
First of all appoint any local lawyer and Filed R.T.I. against all the
departments.
You should file contempt petition in court for this damage and contempt of
court order.
File a writ petition in the high court to register a FIR against the officer who order to destroy your property and further interfere with the peaceful possession.
Further also file a contempt petition before the high court in the previous petition in that high court order t take possession.
Dear Client,
You have court order, file contempt in HC. Also you can seek compensation for damages caused under THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013
Instead of approaching the human rights commission, you should have filed a contempt of court petition against those people who damaged your property.
You have to follow it up through NHRC once again informing them about the present status and seek their intervention in the form of stringent action as per law.
