In a significant legal overturn, the Bombay High Court on Tuesday nullified a Maharashtra State Human Rights Commission (MSHRC) directive that had previously ordered a police inspector to pay Rs 2 lakh in compensation for alleged negligence in investigating a death case. The court highlighted a violation of natural justice as the inspector was not given a chance to present his side before the punitive order was issued.
The division bench, comprising Justices Revati Mohite Dere and Prithiviraj Chavan, delivered the judgment on August 9, emphasizing that the rights of the officer, Abasaheb Anandrao Patil of the Navi Mumbai crime branch, were compromised as the MSHRC did not hear him prior to making its decision. The bench stated, โWe 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.โ
The matter has been sent back to the commission for a thorough re-evaluation, with specific instructions to properly notify and hear from Patil and other involved officers before any decisions on compensation or departmental inquiries are made.
Patil challenged the MSHRCโs July 2022 order, which was issued after Sarita Shedge filed a complaint with the commission in 2017. Shedge claimed that the police failed to adequately investigate her son’s mysterious death, which was initially reported as an accidental death. Based on her allegations, the commission not only imposed a compensation but also instructed the Director General of Police (DGP) to initiate a departmental inquiry against Patil for gross negligence.
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In his appeal, Patil argued that the commission had acted without proper notification or a hearing, thereby leading to a โserious miscarriage of justice.โ He highlighted that the issuance of summons is a fundamental requirement under the provisions of the Protection of Human Rights Act before any such consequential order can be passed.
