The Delhi High Court has said that the National Human Rights Commission (NHRC) should have real power to protect human rights and should not be weak or ineffective. The court ruled that the NHRC’s recommendations must be followed by the government. However, if the government does not agree with a recommendation, it can challenge it in court through a process called judicial review.

A bench of Justice Prathiba M. Singh and Justice Amit Sharma gave this judgement on January 28. The judges said that if the NHRC is treated as powerless, then the Human Rights Act would lose its purpose. They explained that human rights commissions should not be "toothless tigers" but should act as "fierce defenders" to protect the most basic human right—the right to live without fear and with dignity.

Court orders compensation for victim's family

The Delhi High Court was hearing a case filed by the parents of a man named Manoj, who was allegedly killed in a fake police encounter in 2006. His family asked the court to order a CBI (Central Bureau of Investigation) probe and to make sure that the NHRC’s decision to give ₹5 lakh compensation to Manoj’s legal heirs was followed.

The encounter happened on May 5, 2006. The police shot and killed five people, including Manoj, claiming they were part of a criminal gang called the Ayub/Aslam gang. According to the police, this gang was involved in more than 70 serious crimes like murder, robbery, and rape. The other four people killed were Ayub, Sanjay, Shehzad/Babu, and Aslam. The police said that one gang member managed to escape in the dark.

However, Manoj’s father, Mr. Kiran Singh, argued that his son was innocent. He said that Manoj ran a provision store and had no serious criminal record. He was accused in two cases, but he was acquitted in both. Mr. Singh told the court that Manoj’s wife abandoned their family in 2008, and his two daughters were raised by their grandparents.

Court denies CBI probe but directs compensation

The NHRC initially ordered a CBI inquiry into the alleged fake encounter. However, on February 5, 2014, it decided that compensation of ₹5 lakh should be given to the legal heirs of the deceased.

Mr. Singh complained to the court that the compensation had not been paid and that no CBI investigation had been conducted.

After reviewing the case, the High Court ruled that a CBI inquiry was "not warranted in the present case." However, it ordered that the compensation must be paid to the legal heirs of Manoj. The court pointed out that the Home Ministry had never challenged NHRC's decision to provide compensation. "Having held that the recommendations of the Human Rights Commission would be binding in nature, this Court is of the opinion that the compensation, as awarded, deserves to be paid," the court stated.

With this judgement, the Delhi High Court reinforced that NHRC’s recommendations must be taken seriously and not ignored. The ruling ensures that the families of alleged victims of fake encounters receive justice and compensation as per NHRC's directives.