The J&K HC has rightfully asserted that residents of the UT facing any sort of grievance regarding violation of their human and basic fundamental rights, may have to approach the National Human Rights Commission. The assertion was made while the bench was deciding upon a plea against the investigation initiated by the Jammu and Kashmir Police into the alleged Shopian fake encounter of three labourers in July 2020.
The division bench of Chief Justice (Acting) Rajesh Bindal and Justice Puneet Gupta disposed of the PIL due to common prayers in another writ petition filed earlier in Jammu bench, and the same being a writ petition of private nature. A petition in public nature by a 3rd person regarding the same plea as filed earlier cannot and should not be entertained as it has no locus or cause of action to raise the dispute, the Court has said.
The Court while deciding said that, “The claim made is in context to a particular incident for which the petitioner has not been empowered by the aggrieved party to raise a dispute.”