SC flak for NHRC interference in Human Rights violation of murder convict

The Supreme Court has strongly disapproved of the action of the National Human Rights Commission (NHRC) in the name of so-called violation of human rights of a man convicted for murder in Assam.

The apex court disapproval was expressed in a case where the Assam Governor had commuted to life imprisonment the death sentence of a man convicted for murder.

The Assam Cabinet in 2002 had asked the then Governor of Assam, Lt Gen (Retd) Srinivas Kumar Sinha to commute the death sentence of Rajnath Chauhan alias Ramdeo Chauhan, a man convicted for murder to life imprisonment on the interference of NHRC.

The death sentence of Rajnath Chauhan was confirmed both by the Gauhati High Court as well as by the apex court.

A bench comprising Justices Arijit Pasayat and A K Ganguly put a pertinent question to the NHRC, ‘who has violated the human rights of Chauhan?’ The apex court, while setting aside the order of the Governor, yesterday noted, ‘The recommendation of NHRC is without sanction of law.

‘The proceedings initiated by the apex Human Rights body were not in line with the procedure prescribed in the NHRC Act. That being so, the recommendation, if any, by the NHRC are non est.’ The decision of the Governor was challenged in the apex court by the family members of the victim.

The apex court directed the state Governor to reconsider his decision in the light of an earlier judgment of the Supreme Court relating to exercise of constitutional power on clemency.

The Court, in its earlier judgment had laid down that arbitrary and illegal use of power of clemency either by a state Governor or by the President is subject to judicial review.

The court termed the response of the NHRC, as evasive, which had said, ‘when any action violated the human rights, there can be violation of the human rights,’ The apex court concluded by holding, ‘such a situation is not conceivable and the cause of the alleged violation of the human rights was the Supreme Court judgment awarding him death penalty.’ The apex court also pulled up the NHRC for unnecessarily interfering in the judicial sentencing system by making uncalled for recommendations to the Assam Governor.