SRINAGAR: The Jammu and Kashmir High court has stayed proceedings of SHRC against Managing Director J&K Horticulture Produce and Processing Corporation with regard to retirement benefits of the corporation employees.
A division bench headed by Chief Justice Badar Durrez Ahmed and Justice Ali Muhammad Magrey stayed the proceedings after hearing MD JKHPMC.
“The Commission has no jurisdiction to entertain the compliant when the matter was sub-judice before the High Court and the controlling authority,” the MD pleaded.
He submitted before court that SHRC has been constituted with a function to make recommendations to the government where any human rights violation by a public servant is brought to its notice after due investigation into the matter.
“It is submitted here that the allegations of the complainant does not make out any specific violation of human rights. Therefore, the proceedings before the SHRC are arbitrary, without jurisdiction, illegal and in violation of law and deserves to be quashed”.
Citing regulation 14 of Jammu and Kashmir State Human Rights Commission procedure regulations 2011, the MD pleaded that when a court or tribunal of competent jurisdiction is already seized of the matter, the Commission has no jurisdiction in the matter to initiate parallel proceedings and has no power to issue warrants or commit persons to its orders neither it can punish for breach of its directions.
A complainant had approached the human rights commission with the plea that the Corporation had withheld the retirement benefits which was a gross human rights violation.
The petitioner had submitted a statement of facts before the commission wherein he said that due to complete loss of revenue generation facilities, the corporation is facing acute financial crisis.
“It is submitted that the revenue generating facilities created across the state in the shape of apple grading, packing centers, walnut hulling drying and waxing centers and cold stores were damaged and gutted during turmoil period of 2016.”