The Bombay High Court on Wednesday enquired with the high court administration if there are any sensitization programmes conducted for judges designated to hear cases against violations of human rights of citizens.
The query was posed by a division bench of Acting Chief Justice Nitin Jamdar and Justice Arif Doctor after being informed that certain judges of sessions courts were designated since early 2000 to hear cases against violations of human rights.
In 2022, only 2 Human Rights violation cases were instituted
Advocate Rahul Nerlekar, appearing for the high court administration, also said that in 2022, only two cases pertaining to human rights violation were instituted and pending before the designated judges. One was before an Aurangabad sessions judge and another before a Sangli sessions judge.
To this the bench asked whether the low number of cases was due to lack of understanding on what would fall under the category of “human rights” case.
“Perhaps there are guidelines required on how cognizance can be taken. And elaborate on what kind of cases come under human rights,” Justice Jamdar said.
The bench asked the petitioner – Advocate Asim Sarode, who argued in person – to research whether there was any provision or statutory mandate under which it could issue such guidelines. “Where do we get the statutory mandate for this? Where does it say that without these rules the (designated) courts cannot function?” asked Justice Jamdar.
Need to advertise about courts hearing Human Rights violation
Advocate Ajinkya Udane, who argued along with Sarode, said that the low number of cases could be because people were not aware of the existence of such courts.
“It cannot be that only two cases are pending. I know of cases in various districts where human rights are being violated and courts are refusing to hear. There has to be an advertisement that there are such courts. People may not be aware,” said Sarode.
The bench also directed Sarode to place on record details of at least one such case, and posted the matter for further hearing on July 27.
