Rights panel should comply with principles of natural justice while disposing of complaints, says Kerala High Court
The Kerala High Court has observed that the State Human Rights Commission, being a quasi judicial body, is duty-bound to comply with the principles of natural justice while disposing of complaints/petitions filed before it and must afford an effective opportunity of being heard to interested parties before proceeding to finally dispose of such a complaint/petition.
Justice Syam Kumar V.K. made the observation while recently disposing of a writ petition filed in 2015 by T.J. Varghese of Tirur against an order of the commission dismissing his plea against the vicar of St. Mary’s Church, Thazhepalam, Tirur. The petitioner had sought a letter certifying that he and his wife were parishioners of the church and residing within its territorial limits to enable them to act as godfather and godmother during the baptism ceremony of the child of his brother-in-law.
The court, while setting aside the order of the commission, observed that it had been rendered without affording a hearing to the petitioner and mechanically without a proper and valid reasoning.
The court observed that it was incumbent on the commission to ensure that all orders passed by it while disposing of a complaint/petition shall disclose a proper application of mind to the issue at hand and also state sufficient reasons for the decision arrived at.
The court said a decade had elapsed since the filing of the complaint, and if the petitioner’s grievance still subsisted, he shall be free to file a fresh complaint before the commission which should dispose it of in accordance with law.
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