(1) The Commission may for the purpose of conducting any investigation pertaining to the inqMry utilise the services of any officer or invtstiga- ItSon agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be.
(2) For the purpose of investigating into any matter-pertaining to the inquiry, any officer or agency whose services are utilised under sub-section (1) may, subject to the direction and control of the Commission,— («) summon and enforce the attendance of any person and examine him;
(&) require the discovery and production of any document; and
(c) requisition any public record or copy thereof from any office, Investigation., 8 . THE GAZETTE OF iNDlA BXBtApRIHNARY 0&KT B t - Statement made by pcz'sons to thcCtommission.
Persons likely to be prejudicially affected to be heard.
(3) The provisions of section i s shall apply in relation to any statement made by a person before any officer or agency whose services are utilised under sub-section (7) as they ajrply in fetation to any statement made by a person in the course o# giving evidence before tfas Commission.
(4) The^ officer or agency whose services are utilised under sub-section (7) sha|J investigate into any matter ^jiainingtaj ths inquiry and submit % reporjt t^ereo» to the- Conmiission wuhia #»ch p i W as may be specified ^ the Commission in this behalf.
(?) The Ccfauriisslon shall satisfy itself about the correctness of the facts stated M^T We cBncluafcm, $ ^ ^ a r t i v e ^ a t in'the report su&riiked to it wader sutMsection (4) anil fo* ijhis purpose the Commission jnwjf make sucfy inquiry (including the examination of .the person or persons who conducted, or assisted in the investigation), as it thinks fit.
IS- $k> ste^jneniL made by a perspn in the' course 6i ffly^fi evidence ibefore tie Commisskm shall Subject h|m to, or be used against him in, aiiy civil or criininal proceeding exc^jt a prosecution , for giving false evidence by sucH statement:
Provided that the statement:— &t) is made in reply to the question which he is required by the Commission to answer; or
(h) is relevant tt> the silfejeet m>»ti# &£ tlie intfulrf.
IS. If, dt aay stage of the inquiry, ^Ke Commission,— («) cJoiSAtders it necessary to intjifire into the coocRict of alfty persofli or r . . »
(b) is of the opinion that the reputation of any person is li&ely to be prejudicially affected by the inquiry, * it shalj. fijy* to *haj person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence:
Provided that nothing in this section slxall apply ^here the credit of a witness is being impeached.
Inquiry into complaints.
CHAPTER IV •PROCBOURE 17, The Commission while inquiring into the complaints of violations?
of human rights may—
(i) caviar ^jf^nation or ^B8^t from the Central Governmeftt or any State llcwenuaent or any o&jer authority or organisation •' subordinate thereto within such-tinae as may be spedfled.by it:
Provided thaw* (& %t ijbfe inforraationf or ieport is not received within the time sdualsitwi By the Ctnmtistoti, it may pr/>ce«^ to inquire into the complaint on its OWB;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
(b) if, on receipt Of information or report, the Commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned Government or authority, it may not proceed with the complaint and inform the complainant accordingly.
(ii) without prejudice to anything contained in clause (i), if it considers necessary, having regard to the nature of the complaint, initiate an inquiry.
16. Hie Commission may take any of the following steps upon the completion of an inquiry held under this Ordinance, namely: —
(1) where the inquiry discloses, the commission of violation of hpman rights, it may recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit, against the concerned person or persons;
(2) approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary;
(5) recommend to the concerned Government or authority for the grant of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary;
(4) subject to the provisions of clause (5), provide copy of the inquiry report to the petitioner or his representative;
(5) the Commission shall send a copy of its inquiry report together with its recommendations t0 the concerned Government or authority and the concerned Government or authority shall, within a period of one month, or such further time as the Commission may allow, forward its comments on the report, including the action taken or proposed to be taken thereon, to the Commission;
(6) the Commission shall publish its inquiry report together with the comments of the concerned Government or authority, if any, and the action taken or proposed to be taken by the concerned Government or authority on the recommendations of the Commission.
IP. (1) Notwithstanding anything contained in this Ordinance, while dealing with complaints of violation of human rights by members of the armed forces, the Commission shall adopt the following procedure, namely:—
(a) it may, either on its own motion or on .receipt of a petition, seek a report from the Central Government;
(h) after the receipt of the report, it may either not proceed with the complaint or as the case may be, make its recommendations to that Government.
(2) The Central Government shall inform the Commission of the action taken on the recommendations within three months or guefi further time as the Commission may allow.
Steps after inquiry.
Procedure with respect to armed forces.
10 TH# GAZETTE OJP INfittA EXTJfcAdfcDINAftY [PA«* I I ~ Annual and special report* of the Commission.
(3) The Commission shaU publish its report together with its recommendations made to tiie Central Government and the aeii&h taken by that Government on such reco^nnxendations. '
(4) The Commission shall provide a copy of the report published under subjection (3) to the petitioner or his representative.
20. (/) The Commission shall submjt a» annual report to the Gtotral Government and to the State Government conce^»fl4 and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance th#fr it should not Be &ef»#r*fl ifil- submission of the annual report ' • " """ "-1 ' "
(2) The. Central Government god «fte State Goveramcitftt, as the case may be, shall cause the annual and special reports of the CtenaSsSMIn to be laid before each House of Parliament or 1 ^ State Legisl^ti^ respectively, as the case may be, alUfcg with a meiheraoadum oi 3bt*5fe ftken or proposed to be taken on the recommendations of the CotfttftfM&caf and the reasons for non-acceptance of the_ reconMnenriations, if any- Constitution of State Human Righto Commissions.
CHAPTER V STATE HUMAN Rictrrs COMMISSIONS
21. (I) A State Government may coiistitute a body to be kftoWp as the (name of the State) Rwaan Rights GQmmission to exercise the powers conferred upon^ a |$ ^p perform the functions assigned to, a State Commission under this Chapter.
(21 The State Commission shall consist oi—
(a) a Chanperson who hgs be«n a C$Llef Justice of afflga. Court;
(b) one isfeffiber who is, m has fc«en, & Jta^gte of a " H ^ Court;
(c) one Member who is, or has been, a district judge in that State;
(d) two member^ to be appointed, from amongst persons-having knowledge of, or practical experience.in, matters relating to human rights.
(3) There shall be a Secretary who shall be th»e Ch|ef Executive Officer of the $ta)6e Commission attd: shall e*etttis^ such p>wcrs and afeobarfe ^tc* ftfnctt< îs of t&e' Stale C&inmis^>n â it may «&te^ate to him. " " ' " „,' ' ' „ - „ * * "
(4) The headquarters of the State Commission shall be at such place as \ho State Gwwpment may/fty'tifWIn^atib^; i^cify.
(5) A State Commission may inquire into violation of human rights d«% In T^pect'*ofT(ftattes|* relafi**! t^'any oi the entries enumerated in Ms*'tH.aim4 -fctatrfH -& iKe Se^nife "S<a#aule to the Constttrf&on:
Provided that if any such matter is already being inquired into by tHe Quiiuiniiwiwi ^--awy. other C*rtri^sB»ftAily constituted tinder any \w$ fhr t to tfaaieKeingtn forcfe,^* St»*e G^m'rnfeion shall not inquire into the said matter: • - . r f SBC 13 THE GAZETTE OF INDIA EXTRAORDINARY 11
Provided further that in relation to the Jammu and Kashmir Huftiai Eights Commission, this sub-section shall have effect as if that for to words and figures "List II and List III" the words and figures uU!a% til as applicable to the State of Jammu and Kashmir," had been substituted