Can't Interfere At Pre-Adjudication Stage: Madras High Court Refuses To Quash Notice Issued By Human Rights Commission

The Madras High Court has refused to quash a notice issued by the State Human Rights Commission, observing that it cannot interfere at the pre-adjudication stage.

The Court was considering a Writ Petition seeking issuance of a Writ of Certiorari calling for the records pertaining to the impugned Notice issued by the State Human Rights Commission.

The Division Bench of Justice SM Subramaniam and Justice AD Maria Clete observed, "....all these factual defence are to be stated before the State Human Rights Commission by the petitioner for passing appropriate orders. Contrarily, High Court, in exercise of the power of judicial review, cannot adjudicate the disputed facts, which are sub judice before the State Human Rights Commission constituted under the provisions of the Protection of Human Rights Act, 1993...."

The Petitioner was represented by Advocate C. Jeganathan, while the Respondent was represented by Advocate R. Karunanidhi.

The Counsel for the Petitioner had stated that the Petitioner is a public servant and retired from service.

The Court granted the Petitioner liberty to respond to the impugned summon by approaching the State Human Rights Commission in the manner as contemplated under the Act and Rules in force.

The Petition was accordingly dismissed.

Cause Title: Nagaraj vs. The Registrar (Law FAC)

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