The Bombay High Court has issued a stern directive to the Maharashtra government, ordering it to deposit a substantial sum of Rs. 3.5 crore towards unpaid compensation recommended by the Maharashtra State Human Rights Commission (MSHRC). This decisive action came during a hearing on Tuesday, where the court expressed grave concern over the prolonged delays in addressing human rights violations.
A Grim Picture of Unattended Recommendations
The court was hearing a Public Interest Litigation (PIL) filed by lawyer Satyam Atul Surana, who brought to light the government's failure to pay compensation as mandated by the MSHRC in nearly 136 cases. Based on information obtained through Right to Information (RTI) applications, Surana revealed that over 180 orders or recommendations had been issued by the Commission to various state departments, including the crucial Home department. Shockingly, 136 of these recommendations remained pending, with the total compensation amount accumulating to approximately Rs. 3.39 crore.
The PIL emphasized that these orders were languishing without any meaningful comments, reports, or actions from the government, highlighting a systemic failure in compliance. The petitioner urgently sought swift implementation of the MSHRC's directives to provide relief to victims and their families.
Court's Strong Observations and Government's Response
On December 12, a bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad had already painted a grim picture of the situation. They noted with dismay how recommendations for compensation to victims were pending unattended, underscoring the severity of administrative neglect. The court had initially sought the state's response to address these alarming lapses.
During the recent hearing, Additional Government Pleader (AGP) Bhupesh P. Samant provided an update, stating that out of 86 recommendations related to the Home department, only 15 had been complied with. He mentioned that 16 were under challenge in judicial forums, while the rest were still under examination. Samant requested additional time to respond, but the court sharply questioned the decade-long delay in taking action and criticized the government for repeatedly seeking adjournments in such critical matters.
Immediate Directions and Future Compliance
The court made it clear that it would impose costs if further adjournments were sought in the next hearing, signaling its intolerance for procrastination. In response to the government's explanations, which included claims about setting up mechanisms for future cases and unreported compliances, Surana labeled the situation as administrative apathy.
To rectify this, the bench directed the Principal Secretary of the Home department to deposit Rs. 3.5 crore within two weeks into the court. Furthermore, the court mandated the authority to consult with the State Chief Secretary and appoint a nodal officer. This officer will be responsible for ensuring compliance with both existing and future MSHRC directives, aiming to prevent such delays from recurring.
The MSHRC plays a vital role in investigating human rights violations, including custodial deaths and other incidents, and recommending compensation for affected families. This court order underscores the judiciary's commitment to upholding human rights and holding authorities accountable for their inaction.
