The Madurai Bench of the Madras High Court has dismissed a writ petition filed by a retired public servant challenging a summons issued by the State Human Rights Commission (SHRC), holding that the High Court cannot interfere at the pre-adjudication stage where factual disputes remain to be determined by the Commission.
The Division Bench comprising Justice S.M. Subramaniam and Dr. Justice A.D. Maria Clete passed the order on 16 June 2025 in W.P.(MD) No.7395 of 2025 filed by petitioner Nagaraj. The petitioner sought to quash the notice issued by the Registrar (Law FAC), State Human Rights Commission, Tamil Nadu, in Case No.1483/2016/HC3 dated 18.12.2024, insofar as it related to him.
Background
The petitioner, a retired public servant, approached the High Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash the SHRC summons. The petitioner contended that the issuance of the notice was unwarranted and raised factual contentions in his defence.
Court’s Observations
The Court held that such factual defences must be addressed before the State Human Rights Commission itself, rather than being brought prematurely before the High Court.
The Bench observed:
“All these factual defence are to be stated before the State Human Rights Commission by the petitioner for passing appropriate orders.”
The Court emphasized the limits of judicial review in such circumstances:
“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.”
Accordingly, the Court clarified that the petitioner was at liberty to respond to the summons in accordance with the procedure established under the Act and applicable rules.
Decision
The writ petition was dismissed, with the Court refusing to quash the impugned notice. The connected miscellaneous petitions were also closed, and no costs were awarded.
Case Details:
- Case Title: Nagaraj vs The Registrar (Law FAC), State Human Rights Commission, Tamil Nadu
- Case No.: W.P.(MD) No.7395 of 2025
