The Bombay High Court recently raised a query to the High Court administration regarding the existence of sensitization programs for judges assigned to hear cases concerning violations of citizens’ human rights.
A bench of Acting Chief Justice Nitin Jamdar and Justice Arif Doctor posed this question after Advocate Rahul Nerlekar, representing the High Court administration, highlighted that certain sessions court judges had been designated since the early 2000s to preside over cases related to human rights violations.
During the proceedings, it was disclosed that in 2022, there were only two cases filed and pending before the designated judges: one before a sessions judge in Aurangabad and another before a sessions judge in Sangli. The Bench expressed curiosity as to whether the low number of cases could be attributed to a lack of comprehension regarding what would qualify as a “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,” the bench stated.
The bench asked the petitioner to conduct research and determine if there was any provision or statutory mandate that would enable the court to issue guidelines in this regard.
“Where do we get the statutory mandate for this? Where does it say that without these rules the (designated) courts cannot function?” it asked.
Advocate Asim Sarode, petitioner-in-person, along with Advocate Ajinkya, contended that the low number of cases might be attributed to a lack of awareness among the public regarding the existence of these specialized 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 advertisement that there are such courts. People may not be aware,” he stated.
The Bench additionally instructed Sarode to provide the court with specific details of at least one such case and scheduled further deliberation on the matter for July 27th, 2023.
