NHRC not competent to term AFSPA ‘unlawful’: Justice Kumar

December 16, 2021 54 Views No Comment

Correspondent SHILLONG, DEC 16 |: National Human Rights Commission (NHRC) Wednesday said it is not competent to term the controversial Armed Forces Special Powers Act (AFSPA) as “unlawful,” but will definitely take action if excesses are committed while implementing the Act.

“NHRC would not be competent to say that this law (AFSPA) is unlawful. It is framed by the legislature. Yes, if there are excesses committed while implementing this law, certainly we are competent,” NHRC member, Justice Mahesh Mittal Kumar, told reporters.

“An Act can be challenged before the court of law only if it violates basic structure of the constitution, and if the legislature was not competent to frame a law,” he said, adding that NHRC is body which makes recommendation.

Stating that several laws have been declared as ultra vires of the constitution by the High Courts and the Supreme Court, Justice Kumar felt the AFSPA didn’t fall under these two crucial criteria under which the Act could be challenged before the courts.

“The NHRC may not be able to tell the legislature to repeal this act. A writ of certiorari cannot be issued to the legislature. Legislatures have their own privileges,” he added. Moreover, he said that the Commission cannot summon the records of the legislature as the judiciary has to function within its own boundary.

“State legislature or union legislature has to act within its own limitation. One cannot interfere. They are free to frame law but judiciary can strike it down on the ground that it violates the basic structure or the legislature was not competent with its impinging upon the area/subject of the other,” he explained.

Justice Kumar, however said the NHRC would take action if any human rights are violated while implementing the Act. “NHRC has taken suo motu notice also, like in Nagaland where the civilians have been killed recently. We take notice.

It is not that we turn a blind eye to the glaring cases where excesses are committed. Whenever cases of these nature come before the commission the NHRC come heavily on the authorities we do not spare them,” the NHRC member said.

“If any excesses are committed under the AFSPA it may be brought before the notice of the commission. Kindly bring the complaints before us that AFSPA has been misused. We will interfere,” Justice Kumar assured.

Public hearing of cases: NHRC on Wednesday said it will hold a two-day public hearing in Guwahati from December 16 for 40 cases of alleged human rights violations in Assam, Arunachal Pradesh, Manipur, Sikkim and Nagaland, PTI reports.

NHRC chairperson Justice AK Mishra will inaugurate the ‘Camp Sitting and Public Open Hearing’ at Assam Administrative Staff College in Guwahati, NHRC Deputy Director (Media and Communication) Jaimini Kumar Srivastava said in a statement.

After the inauguration, 31 cases pertaining to Assam, Arunachal Pradesh, Manipur, Sikkim and Nagaland will be taken up in a single sitting, the statement said. “These include fresh complaints received in response to the Commission’s public notices for open hearing as well as some earlier registered cases, in which the requisite reports from the concerned state authorities have not been received,” it added.

Source: http://www.nagalandpost.com/nhrc-not-competent-to-term-afspa-unlawful–justice-kumar/246716.html