‘Rights panel can’t give directions’: Punjab and Haryana HC stays inspection of rice shellers in Haryana’s Kaithal district

The Punjab and Haryana High Court says the Haryana Human Rights Commission has only recommendatory powers in a pollution complaint case.

Haryana paddy fieldThe dispute arose from a complaint by villagers seeking criminal action against rice millers over alleged air and water pollution. (Express File Photo)

The Punjab and Haryana High Court has stayed three interim orders of the Haryana Human Rights Commission directing inspections of rice shellers in Kaithal district over alleged pollution, observing that the panel’s powers under the Protection of Human Rights Act 1993 are recommendatory and that it cannot issue binding directions or function as a court.

A bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry passed the order on a petition filed by M/s Amba Foods and other rice sheller owners challenging the commission’s orders dated May 15, 2025, August 21, 2025, and December 11, 2025, on a complaint filed by villagers led by Swaran Singh alleging air and water pollution from about 50 mills.

Senior advocate Vikas Chatrath, assisted by advocates Preet Agroa, Tarun Seth, and Pawandeep Singh, argued that the commission exceeded its jurisdiction by issuing directions on environmental issues, which fall within the domain of the National Green Tribunal and the Haryana State Pollution Control Board. He submitted that the 1993 Act limits the commission to making recommendations to the state government, which alone can act on them.

The dispute arose from a March 1, 2023, complaint by villagers accusing rice millers of violating the Water (Prevention and Control of Pollution) Act 1974 and the Air (Prevention and Control of Pollution) Act 1981 and seeking criminal action.

The commission took cognisance and directed the pollution control board to conduct surveys. An interim status report on July 17, 2023, found that 41 of the 50 units, including the petitioners, had valid consents. A November 28, 2023, report noted 39 compliant units, while a May 15, 2025, report again cleared 41 units.
Water samples collected on April 10, 2023 and analysed on November 18, 2025, by the District Water Testing Laboratory, Kaithal, were found to conform to BIS 10500:2012 standards. An August 20, 2025, pollution control board report also noted that several mills were not operating during the inspection due to seasonal closure.
Despite this, the commission ordered repeated inspections with complainants and the sarpanch present, prompting the millers to approach the high court on January 18, 2026, alleging jurisdictional overreach, forum shopping to bypass the National Green Tribunal, and harassment through repeated inquiries.

The bench noted the primary contention regarding the commission’s limited powers, issued a notice to the Haryana government, accepted by Additional Advocate-General Neeraj Gupta, and stayed the impugned orders till March 17, 2026.

The petitioners relied on precedents including N C Dhoundial vs Union of India (2004) and Jatt Ram vs Punjab State Human Rights Commission (2005), arguing that the complaint lacked any nexus to state-attributable human rights violations and was directed against private millers.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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