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Recommendations of HRC no binding on Govt : HC
5/9/2018 11:00:52 PM
Early Times Report
Jammu, May 9: In a petition filed by Ghulam Ahmad political worker of the Indian National Congress seeking direction to the state to restore the residential accommodation meant for protected persons in Hall No.1 of Hotel Snow Peak Zero Bridge Rajbagh Srinagar, Justice MK Hanjura while dismissing the petition observed that recommendations of the Human Rights Commission are not binding upon the Government.
Justice M K Hanjura after hearing both the sides observed that the law provides that the correctness of the reasons that prompted the Government to take a decision and take a course of action instead of the other, is not a matter of concern in the judicial review and the Court is not the appropriate forum for conducting such investigations.
Justice MK Hanjura further observed that It is within the domain and area of the Government to accept or reject the recommendations of the Commission. The policy decision of the Empowered Committee constituted by the Government which declined the relief to the petitioner cannot be called in question in the Court, unless and until the same is arbitrary.
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