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Power & Procedure for conducting Inquiries Under the Protection of Human Rights Act, 1993

Presented By
Naresh Kumar Azad
LL.M ( 3rd Trimester




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Powers Relating to Inquiries

Have all the powers of Civil Court
Summoning and & enforcing the
attendance of witnesses & Examine them on oath;

Discovery & production of any document;

Receiving evidence on affidavits;

Issuing commissions for the examination witnesses or documents



To require any person
to furnish information
useful
relevant to subject matter of any inquiry
Legally bound under Sections 176 &177 of IPCs

Not below the rank of Gazetted officer
May enter any building or place
document may seize or found
sec. 100 of Cr.P.C

Investigation

pertaining to the inquiry
Utilize the services of any officer
Investigation agency

Direction & Control
Summon, attendance & examine to the person
Discovery & production of any document
Requisition any public record or copy


Procedure for Inquiry into Complaint

Call for information or report at the time
If Information or report is not received
If Information or report is received & satisfied

without prejudice to anything
Initiate an inquiry in nature of the complaint

Steps during & after Inquiry

Where the inquiry discloses or negligence
to make compensation
to initiate proceedings
to take further action

Approach the SC & HC for such direction or order

Grant interim relief at any stage of the inquiry


Provide a copy of the inquiry report

Inquiry report shall publish




Power & Procedure for conducting Inquiries Under the Protection of Human Rights Act, 1993

Powers Relating to Inquiries

Have all the powers of Civil Court
Summoning and & enforcing the
attendance of witnesses & Examine them on oath;

Discovery & production of any document;

Receiving evidence on affidavits;

Issuing commissions for the examination witnesses or documents



To require any person
to furnish information
useful
relevant to subject matter of any inquiry
Legally bound under Sections 176 &177 of IPCs

Not below the rank of Gazetted officer
May enter any building or place
document may seize or found
sec. 100 of Cr.P.C

Investigation

pertaining to the inquiry
Utilize the services of any officer
Investigation agency

Direction & Control
Summon, attendance & examine to the person
Discovery & production of any document
Requisition any public record or copy


Procedure for Inquiry into Complaint

Call for information or report at the time
If Information or report is not received
If Information or report is received & satisfied

without prejudice to anything
Initiate an inquiry in nature of the complaint

Steps during & after Inquiry

Where the inquiry discloses or negligence
to make compensation
to initiate proceedings
to take further action

Approach the SC & HC for such direction or order

Grant interim relief at any stage of the inquiry


Provide a copy of the inquiry report

Inquiry report shall publish