HC stays Human Rights Commission’s directive, says panel ‘travelled beyond its brief’

The Punjab and Haryana High Court has held that the Punjab State Human Rights Commission exceeded its statutory mandate by directing action against four police officials and another individual, and stayed the directive pending further hearing.

Holding that the Human Rights Commission was “merely a recommendatory body”, the Bench asserted that the panel had no authority to issue binding directions to the executive. The court observed that the Commission had “travelled beyond its brief by issuing directions and orders to be complied with by the executive authorities, instead of recommending.”

The matter before the high court has its genesis in an order dated October 13, whereby the Commission not only said it "may" recommended the registration of an FIR under provisions relating to wrongful confinement, kidnapping, criminal conspiracy, and other offences, but also directed the Commissioner of Police, Jalandhar, to “take necessary action” and submit an action-taken report.

The court referred extensively to the scheme of the Protection of Human Rights Act, 1993, before observing that Section 18 confined the powers of the Commission to making recommendations after completing its inquiry into a complaint.

The Bench asserted that it was for the State Government alone to decide whether to accept or reject such recommendations.

Further clarifying the legal position, the court observed that the statute provided a specific remedy under Section 18(b), empowering the Commission to move the High Court or the Supreme Court when a government declined to accept its recommendations.

Issuing notice of motion, the Bench granted time to the State counsel to obtain instructions. Until the next hearing, the court ordered that the Commission’s directions against all petitioners “shall remain stayed”.

The matter will now come up on January 13, 2026.