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2015 DIGILAW 1612 (KER)

Ramachandran v. State of Kerala

2015-11-25

A.M.SHAFFIQUE, ASHOK BHUSHAN

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JUDGMENT : Ashok Bhushan, J. 1. Heard counsel for the petitioner, Sri Asaf Ali, Director General of Prosecution and the learned Government Pleader. This Writ Petition has been filed as public interest litigation praying for the following reliefs: "i) Issue a writ of mandamus or such other appropriate writ, order or direction, directing the respondents No. 1 to 3 and 6 to take steps to set up Human Rights Courts in the district level in the Kerala State under Section 30 of the Protection of Human Rights Act, 1993 and also to set up an Investigating Officer's Office, a Satellite Office of the Chief Investigating Officer of National Human Rights Commission in Kerala expeditiously in the interest of justice. ii) Grant such other relief as this Honourable Court may deem fit and proper in the circumstances of the case. iii) Reliefs and Costs." Learned counsel for the petitioner submits that in view of Section 30 of the Protection of Human Rights Act, 1993, it is the obligation of the State to create Human Rights Courts and more than a decade has elapsed and no court has been created. 2. During the pendency of the Writ Petition, a statement has been filed on behalf of the State bringing on record the notification dated 1.10.2013, in exercise of power under Section 30 of the Protection of Human Rights Act, 1993 specifying that all existing Principal District and Sessions Court in the fourteen Districts in the State to be Human Rights Courts. It is useful to extract the notification dated 11.9.2013 published in the Gazette on 1.10.2013. "Government of Kerala Home (C) Department NOTIFICATION G.O. (Ms). No. 227/2013/Home. Dated, Thiruvananthapuram, 11th September, 2013. S.R.O. No. 791/2013 - In exercise of the powers conferred by section 30 of the Protection of Human Rights Act, 1993 (Central Act 10 of 1994), the Government of Kerala with the concurrence of the High Court of Kerala hereby specify that all the existing Principal District and Sessions Courts in the fourteen districts in the State to be Human Rights Court for the trial of offences under the said Act. By Order of the Governor, L. Radhakrishnan, Principal Secretary to Government." Learned counsel for the petitioner submits that no one is aware of the constitution of the Courts. When a notification has been issued and published in the Gazette, we see no substance in the above submission. By Order of the Governor, L. Radhakrishnan, Principal Secretary to Government." Learned counsel for the petitioner submits that no one is aware of the constitution of the Courts. When a notification has been issued and published in the Gazette, we see no substance in the above submission. The Principal District and Sessions Courts having been constituted as Human Rights Courts, it is for the aggrieved persons to bring their grievances before the Human Rights Courts as constituted by the State of Kerala. The principal relief sought in the Writ Petition having already been granted, we see no reason to issue any further direction. Accordingly this Writ Petition is dismissed.