NHRC chief says, Dadri lynching 'serious' violation of human rights

He says, the panel has no jurisdiction to take cognisance of violation of human rights, if another Commission has taken note of it

National Human Rights Commission (NHRC) on Monday described the killing of a man in Dadri area of west UP last month as "serious" violation of human rights but expressed inability to take any action, saying the matter was already with the Minority Commission.

The acting chairperson of the NHRC, Justice Cyriac Joseph, said that the panel had no jurisdiction to take cognisance of violation of human rights if another Commission has taken note of it.

"Dadri incident is a very serious violation of human rights and some complaints have come to us. But, under the statute, we have no jurisdiction to take cognisance of violation of human rights, if already another commission has taken note of it.

"This is the restriction of the statute imposed on us. Though from Mexico, I had given instructions to my office to take cognisance of the incident, the minority commission had already taken cognisance in the case and had issued notices," he said.

However, Justice Joseph said he was exploring the possibility of doing "something" in the matter. "As minority commission is dealing with the case, we cannot proceed with it, however, we are examining it and also exploring the possibility of doing something in the matter," Justice Joseph said at 22nd Foundation Day of NHRC today.

Section 36 (1) of the act states that the commission shall not enquire into any matter, which is pending before a national commission, state commission or any other commission duly constituted under any law.

On the issue of beef ban leading to serious law and order situation, Justice Joseph said even though the Commission has not formed its stand on the "complex issue", it is bound to protect the "citizens' right to food of their choice."

Reacting to cancellation of Ghulam Ali's concerts in Mumbai and Pune and the ink attack on ORF chairman Sudheendra Kulkarni, Justice Joseph said that the Commission is concerned and will examine them.

"We will be examining whether the state or its offices have failed in their duty in protecting and ensuring the freedom of the citizens of the country," he said adding that the whole society must be concerned with such incidents.