Bombay HC quashes state MSHRC’s order directing cop to pay woman compensation

The woman had told the commission that her son died under mysterious circumstances. Representation Pic

The Bombay High Court has quashed an order passed by the Maharashtra State Human Rights Commission (MSHRC) directing a police inspector to pay Rs 2 lakh compensation to a woman for dereliction in a probe into her son's death, noting that the policeman was not given an opportunity to put forth his case.

A division bench of Justice Revati Mohite Dere and Justice Prithiviraj Chavan, in the judgment of August 9, quashed the commission's order and directed it to hear the matter afresh. A copy of the order was made available on Tuesday. The court noted that the commission had not heard the petitioner, Abasaheb Anandrao Patil, posted with the Navi Mumbai crime branch, before passing the order against him.

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"We find that the principles of natural justice have not been complied with, and the Maharashtra State Human Rights Commission ought to have issued notice to the petitioner, having regard to the nature of allegations," the bench said. The court remitted the matter back to the commission for fresh consideration after hearing Patil and others.

"Before hearing the matter on merits, the Maharashtra State Human Rights Commission is requested to give notice to the petitioner and other officers for issuing directions as regards grant of compensation and/or departmental enquiry to be initiated against them," it said.

Patil, in his petition, had challenged the MSHRC's July 2022 order, directing him to pay R2 lakh as compensation to a woman who alleged that the police had not probed her son's death properly. The officer claimed that the commission had passed the order without even issuing him a notice or giving him a hearing. This has led to a serious miscarriage of justice, he submitted to the court.

Apart from the compensation, the commission had also directed the Director General of Police (DGP) to lodge a departmental enquiry against Patil and others for gross negligence. In his plea, Patil said it was incumbent for the commission to issue summons as mandates under the provisions of the Protection of Human Rights Act before passing such an order.

In 2017, the woman, Sarita Shedge, filed a complaint before the commission, expressing suspicion about the death of her son, who was killed in an accident. She alleged that the police had not probed the case despite her son having died under mysterious circumstances. The commission had directed the DGP to order the registration of offence under the charge of murder and for the probe to be handed over to a superintendent of police rank officer.

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