Mumbai: The Bombay high court has asked the state government to file an affidavit clarifying which sessions judge will hear cases pertaining to the violation of human rights.
The court sought to know whether it will be an additional sessions judge, a sessions judge, or an assistant sessions judge who will hear such cases. The court also suggested that prosecutors with knowledge of the Human Rights Act be appointed as public prosecutors in human rights courts.
A division bench of Justice Abhay Oka and Justice Riyaz Chagala was hearing a petition filed by advocate Asim Sarode about the lack of designated human rights courts in the state. Accordingly, the state government issued a notification stating that human rights cases will be heard by Sessions courts, only.
Subsequently, the court was informed by the petitioner that on May 30, 2009, the state government had appointed all public prosecutors/additional public prosecutors under section 24(3) of the Code of Criminal Procedure, 1973, as special public prosecutors for conduct of cases under the said act of 1993 on behalf of the Maharashtra State Human Rights Commission in human rights courts.
However, the GR had remained only on paper and provisions under the Human Rights Act had not been fulfilled.
Considering this, the court asked the state government to clarify who will hear such cases and directed the petitioner to make high court administration a party to this petition.
The court further said that the state will have to appoint prosecutors with some experience, expertise in the subject.
The court also directed the registrar general to assist the court in this matter. The court has kept the matter for further hearing on June 26.
