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Protection of Human Rights Act, 1993

36.Matters not subject to jurisdiction of the Commission.-

(1) The Commission shall not inquire into any matter which is pending before a state Commission or any there Commission duly constituted under any law for the time being in force.

(2) The Commission or the State Commission shall not inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.

Comment: "The power and jurisdiction of this Court under Article 32 of the Constitution cannot be curtailed by any statutory limitation, including those contained in Section 36(2) of the Act. If this Court can exercise that power unaffected by the prohibition contained in Section 36(2), there is no reason why the Commission, at the request of this Court, cannot investigate or look into the violations of human rights even though the period of limitation indicated in Section 36 (2) might have expired. In such a situation, the Commission will not be affected by the bar contained in Section 36(2) and it will be well within its rights to investigate the matter referred to it by this Court."  Paramjit Kaur, Petitioner v. State of Punjab AIR 1999 SUPREME COURT 340

Protection of Human Rights Act, 1993 Back

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