HC allows Sadashiva commission to continue proceedings

The court, however, made it clear that proceedings of the Commission would be subjected to the judgment on the writ petition. The High Court directed the NHRC not to take any action after submission of the report by the Commission.

Senior Council A.N. Jayaram argued on behalf of the NHRC and sought for vacating the stay against the proceedings of the Commission. Senior Council B.R. Nanjundaiah, who argued on behalf of the petitioners, opposed the vacation of stay.

Assistant Commissioner of Police M. Mutturaya, who served as a member of the Joint Task Force from 1993-1995, had filed a petition against the proceedings of the Justice Sadashiva Commission on the grounds that the NHRC had no rights to constitute such a commission, and that the proceedings before the Commission were beyond its jurisdiction.

The petition had contended that wild and baseless allegations were made against the petitioners and against the Task Force personnel before the Commission. Public confidence in the Task Force was shaken after the allegations made were published in the media, leaving the force demoralised, the petition contended. The petition had sought for Court’s direction to declare the constitution of the Commission illegal.

Earlier, Justice Sadashiva had said the Commission could submit its report to the NHRC within three months if the stay against its proceedings was vacated.