‘Grim picture’, despite MSHRC orders: Bombay HC directs govt to deposit Rs. 3.5 crore for unpaid compensation

The PIL claimed that remaining orders are still pending with the government and there were comments, reports or action on such recommendations. The petitioner sought swift action on MSHRC recommendations.

The MSHRC inquires or takes suo motu cognisance of custodial deaths cases along with other incidents of human rights flouting and recommends or directs compensation for deceased persons’ families.

On December 12, a bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad had observed, “A grim picture has been portrayed in this Public Interest litigation as to how the recommendations of the Maharashtra State Human Rights Commission for compensation to the victims are pending unattended.” The court had sought the state’s response to the plea.

Additional Government Pleader (AGP) Bhupesh P Samant informed the bench on Tuesday that 15 of 86 recommendations related to Home department were complied with while 16 were subject to challenge before the judicial forums and the remaining are being examined.

After Samant sought further time to respond, the court questioned the delay to take action for the last 10 years and also pulled up the government for seeking adjournments in such matters. The court said it would impose a cost if the matter was sought to be adjourned during the next hearing.

Samant also said that states are also required to put a mechanism in place for further cases and in some cases compliance may have not been reported. Surana claimed the same amounted to “administrative apathy.”

The court then directed the Principal Secretary of the Home department to deposit Rs. 3.5 crore within two weeks in the court. The bench also asked the authority to consult with the State Chief Secretary and appoint a nodal office to ensure compliance of earlier and future MSHRC directives.