Mumbai: 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 alleged dereliction in probing the death of her son. The court observed that principles of natural justice were not followed as the MSHRC did not give an opportunity to the inspector to put forth his side.
Quashing the MSHRC’s order dated July 2022, the HC has asked the commission to hear the matter afresh. The HC was hearing a plea filed by Abasaheb Anandrao Patil, presently posted with the Navi Mumbai crime branch, contending that he was not heard by the commission before passing the order against him.
“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,” a bench of Justices Revati Mohite Dere and Prithiviraj Chavan sid of August 9. The detailed order was made available on Tuesday.
The judges said, “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.”
In July 2022, the MSHRC directed Patil to pay Rs2 lakh as compensation to Sarita Shedge who had alleged that the police had not probed the death of her son properly. Challenging the order, Patil claimed that the MSHRC did not even issue notice to him before passing the order. The MSHRC had also directed the Director General of Police to lodge a departmental enquiry against Patil and others for gross negligence.
Patil’s plea states that 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.
Shedge filed a complaint with the MSHRC in 2017 expressing suspicion behind the death of her son, who died 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 registration of offence under the charge of murder and for the probe to be handed over to a Superintendent of Police rank officer.