The Petitioner approached the Jammu and Kashmir HC in the context of human rights violation in a fake encounter of 3 laborers. It was termed as an encounter with terrorists, however was found fake.
The Petitioner submitted that the guidelines laid down by Honble the Supreme Court in the exercise of powers under Section 142 of the Constitution of India are not being followed. The entire evidence will be destroyed, the petitioner stated, in case immediate action is not taken in the matter. Secondly, the petitioner stated that with the passing of J&K Reorganisation Act, 2019 the J&K State Human Rights Commission ceased to exist and there is no human rights commission in UT of J&K despite of Section 21 of Protection of Human RIghts Act, 1993 stating that each state and UT should have a human rights commission.
It was submitted by the respondent that the petitioner has filed the present petition raising a personal dispute with reference to three persons who were allegedly killed in an encounter with forces. He has no authorization to raise the dispute. Further, a case has already been filed by the parents of the deceased and therefore the PIL should not be entertained. Further it was stated that the aforementioned Section 21 does not provide the constitution of a commission in UT but only states.
The Court stated that since similar prayers were seen in the petition by the parents, thus the present petition could not be entertained. Further the contention of petitioner of constitution of Human RIghts Courts in UT of J&K, the government has already stated that the court of principal sessions judge will be designated as Human Rights Court. The Court however considered the fact that with J&K becoming a UT, the Human Rights Commission has wound up. With respect to this issue the court stated that the residents of J&k may approach the National Human Rights Commission in case they believe that their human rights have been violated.