National Human Rights Commission (NHRC) has directed its registry to keep the matter of noted slain Kashmiri poet Sarvanand Koul Premi’s case in abeyance till the decision of High Court of Jammu and Kashmir.
Rajinder Premi, son of Sarwanand Koul Premi, a well-known Kashmiri Pandit writer and poet who was killed along with his son by militants in April 1990 had moved a complaint in NHRC alleging apathy to the plight of terrorism affected family by government by delaying the implementation of recommendations of erstwhile J&K State Human Rights Commission (SHRC).
Sarwanand Premi’s literary contribution was recognized by J&K government in 2021 and was conferred with lifetime achievement award posthumously.
The NHRC, in an order issued on October 18, said it would be appropriate to wait till the final
decision is taken by the High Court in the matter.
The direction by NHRC followed after the Deputy Secretary, Home Department, Jammu & Kashmir submitted an additional report to the Commission.
The J&K government pleaded that the matter may be deferred till the outcome of the writ petition
filed by the UT of J&K before the High Court at Srinagar.
“Regarding observation of this Commission that decision/recommendation of the erstwhile SHRC dated 22.2.2012 has not been challenged so far by the State and hence the same has attained finality it is being averred that the Division Bench of Hon’ble High Court of Jammu and Kashmir and Ladakh in Case titled as OWP No. 1756/2018 titled as State of J&K vs. J&K Human Rights Commission and Ors had held that there was/is no need to challenge the recommendation/decision of erstwhile State Commission,” the J&K government said.
“It is further stated that in the present case ,the matter/issue at hand has already been disposed of by the erstwhile State Human Rights Commission, besides, the matter/issue is now sub-judice before the Hon’ble High Court at Srinagar in the form of Writ petition bearing WP(C) No. 1431/2021 titled UT of J&K and others versus NHRC and another, which is being contested by the Complainant, and as such is not entertainable in terms of the Regulation 9(xi) and (xii) of the NHRC(Procedure) Regulations, 1997. It is further urged that although this Commission, upon consideration of the matter, had deferred the proceedings till final disposal or outcome of the writ petition vide order dated 30.09.2021, yet the proceedings have been opened again and various directions have been passed by this Commission, despite the pendency of the Writ petition bearing WP(C) No.1431/2021 titled UT of J&K and others versus National Human Rights Commission and another, in the Hon’ble High Court of J&K and Ladakh at Srinagar,” the government said.
“In light of the detailed factual and legal position coupled with the statutory Regulations, it is being requested that the Hon’ble Commission may kindly consider the instant report and defer to proceed
in the matter further till the pendency/outcome of the writ petition filed by the UT of J&K before the Hon’ble High Court at Srinagar,” the J&K government pleaded
The Commission observed that neither stay has been granted by the High Court nor any notice has been issued to this Commission by the High Court.
“At this stage, it would be appropriate to wait till the final decision is taken by the High Court in the matter . Therefore, it is directed that WP(C) No.1431/2021( UT of J&K and others versus National Human Rights Commission and another) is already pending before Hon’ble High Court of Jammu
and Kashmir Bench at Srinagar, Registry is directed keep the matter in abeyance till the decision of Hon’ble High Court of Jammu and Kashmir in said Writ Petition,” the NHRC order read.
In meantime, the Commission directed the Chief Secretary, UT of Jammu and Kashmir to submit the latest status of the High Court case within a period of eight weeks.
It also asked the registry to put up the file after the decision of the High Court in the matter.