The National Human Rights Commission which awarded a compensation of Rs 9 lakh to the family members of three persons who died in an electrocution is set to re-hear the case in an open court on the directions of the Delhi High Court.
This follows Tata Power Delhi Distribution Ltd (TPDDL) moving the High Court challenging the order of the NHRC. TPDDL told Justice G S Sistani that the NHRC had not afforded it an opportunity to hear its side of the case and issued a direction for compensation without perusing the report of the Electrical Inspector.
While NHRC re-hearing the case itself is rare, re-hearing in an open court is a rarest of the rare thing, Supreme Court advocate and rights activist Radhakanta Tripathy told Express.
It is Radhakanta Tripathy who in fact moved the NHRC initially highlighting the tragic electrocution of three persons when they came in contact with a live wire lying in the water at Sanjay Gandhi Transport Nagar on November 17, 2010. He further stated that Sambhunath Gupta, his daughter Suraj and Prem Prasad were electrocuted in the incident.
“This is a clear case of criminal negligence,” he alleged. After taking up the complaint, NHRC sought an ATR from the Power Secretary of the Delhi Government and subsequently issued summons to him, the authority over the issue.
The Power Secretary told the NHRC that it is the TPDDL which is responsible as it is supplying power in the area. At this, the NHRC had on October 19, 2012 passed the order for providing compensation.
However, the TPDL moved the High Court challenging this order and argued among other things that the NHRC had not afforded them an opportunity to present their case. At this, the High Court issued a notice to Radhakanta Tripathy and granted a stay of the NHRC order directing the petitioner to pay Rs 3 lakh each for the next of kin of the three deceased.
Appearing before Justice Sistani, Tripathy contended that he filed the petition on humanitarian grounds and questioned the deletion of NHRC as a respondent from the array of the parties. He also told the Bench that Rs 3 Lakh is a meager amount for such tragic death cases.
The HC remanded the matter to the NHRC and directed it to re-hear matter in an open court giving an opportunity to both parties.