28 November, 2008

High court questions NHRC's judicial power

The Delhi High Court has asked the National Human Rights Commission to review its judicial power in view of a complaint filed by the Enforcement Directorate
The Delhi High Court has asked the National Human Rights Commission (NHRC) to review its order directing the Enforcement Directorate (ED) to pay Rs 50,000 as damages to an accused in a Foreign Exchange Regulation Act (FERA) violation case.
Justice Sunil Gaur asked the NHRC to examine its power to award damages and reconsider the order as he allowed a petition filed by the central government through the ED questioning the commission jurisdiction to pass an order on immediate relief, reports IANS.
In 2000, the NHRC directed ED to pay a compensation of Rs 50,000 to Prabhakar L Mehta on his complaint that he was being tortured by ED officials during raids at his residence in connection with an FERA violation by him in 1997.
According to the prosecution, in 1996 Mumbai-based Mehta illegally transferred foreign exchange worth more than Rs 4.60 billion from South Indian Bank, Mumbai, against a bogus import.
On Mehta's plea, the NHRC ordered an enquiry and following the enquiry report awarded an interim relief of Rs 50,000 to the victim. It asked the investigating agency to shell out the amount.
Source:- http://www.igovernment.in/site/High-court-questions-NHRCs-judicial-power/

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