The Bombay High Court posted the Public Interest Litigation (PIL) on July 26, filed in respect of Human Rights Courts under the Protection of Human Rights Act, 1993 .
The Act of 1993 provides for the constitution of a National Human Rights Commission, State Human Rights Commission in States and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto.
Human Rights Courts are provided under Chapter VI of the Act. Section 30 states that for the purpose of providing speedy trial of offences arising out of violation of human rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district a Court of Sessions to be a Human Rights Court to try the said offences.
The counsel appearing for High Court Administration states that in the State of Maharashtra, Courts of Sessions in each district have been notified as Human Rights Courts and Special Public Prosecutors are also appointed. He places a chart before the Division Bench of Acting Chief Justice Nitin Jamdar and Justice Arif S. Doctor of the cases instituted and disposed of from 1 January 2022 to 31 December 2022. The chart discloses that total two cases were instituted during this period and opening balance of the cases, as on 1 January 2022, was one, out of which, two are pending.
The counsel submitted that this is because the cases themselves were not instituted in respect of the offences arising out of violence of human rights. He states that it is open for the Petitioner appearing in-person to demonstrate that a case was instituted; however, not dealt with, and the same will be looked into. The Petitioner sought to contend that there is no guidance provided under the Act, and Rules are necessary to be framed as to how the Human Rights Courts should function. He, however, is not able to show us any provision from the Act of 1993 that framing of Rules for functioning of Human Rights Courts is mandatory. The Petitioner states that he intends to place before us judicial pronouncements where such requirement is indicated.
The counsel for High Court Administration states that additional affidavit will be filed as to how these Courts function from taking cognizance onwards and whether any guidance can be provided in the Criminal Manual. In the additional affidavit of the Petitioner, he has referred to oral statements made by the Court in the earlier proceedings.