PSHRC NEWS
CHANDIGARH: “The Punjab State Human Rights Commission (PSHRC) seems to have lost its credibility and more or less become a defunct body due to lack of proper infrastructure and staff to handle hundreds of complaints, majority of them against the Punjab Police.
“PSHRC was no helping any human rights victims and that the people of Punjab would be better served if the commission is closed”. These observations noted in its report, published recently, by Human Rights Law Network (HRLN), a national level NGO of lawyers, which reviewed the working of Commission speaks volume of state of affairs in the Commission.
During the year 2014, the commission had received 55 percent (8792) of total complaints (15523) against the Punjab Police. The rise in complaints against Police started in the year 2002 during Congress party Government when 4344 complaints were registered and it has doubled during present regime, beginning 2007.
The PSHRC is practically working with single judicial member that is Chairman Justice Jagdish Bhalla retired as Chief Justice of Rajasthan High Court. According to lawyers who practice before PSHRC Justice Bhalla has reputation for rarely being at the commission. Justice Bhalla, judge at Allahabad High Court was once in eye of storm of when the President of India Abdul Kalam had opposed his elevation as Chief Justice.
The two posts of judicial members are lying vacant after the retirement of Justice Baldev Singh retired judge of High Court and Justice L.R.Roojam, retired session judge. Both of them had retired in November 2011 and no appointment is made till date.
Under the Protection of Human Rights Act 1993 it is mandatory to appoint a retired Chief Justice as Chairman of the commission and two other judicial officers-retired Judge of High Court and retired district judge-as members. The state government has expanded the strength of members with two more non-judicial members who have knowledge of human rights.
The SAD-BJP government has started appointing politicians or persons with political lineage on these posts. The state government May 2009 appointed BJP leader Avinash Rai Khanna as member who left the job in March 2010 after nomination to Rajya Sabha. He was elected to MP on BJP ticket from Hoshiarpur in 2014.
Khanna was replaced by Baljinder Singh a Patiala based advocate who run NGO. Baljinder Singh has no background of involvement in human rights. The other non-judicial member Pushpinder Singh also lacked requisite human rights experience. He is brother of ruling Shiromani Akali Dal General Secretary Maheshinder Singh Grewal and brother-in-law of sister of Punjab Agriculture Minister Tota Singh.
The backbone of PSHRC, the investigation wing has crippled after its powers were circumvented by state government and Punjab Police was vested with powers to investigate complaints.
The investigation wing in PHRC is headed by an officer of DGP rank. Presently, Rajinder Singh an IPS officer of 1982 batch is posted there. The quarries made by Sunday Guardian revealed that DGP is the only officer posted in the wing. All the sanctioned posts of one Superintendent of Police, One post of Deputy Superintendent of Police, four posts of Inspector and four posts of Sub-Inspector are lying vacant for several years. Two retired inspectors of police have been hired through a job contractor to attend routine office work.
As a rule, the complaints made against police are referred back to the police for investigation and sources in the Police said that often complaints are marked to same cops who are named in the complaint. Sunday Guardian encountered a Ferozepur resident Jaswinder Singh Kelly who had made a complaint against DSP (D) of Ferozepur. He had come to see PSHRC authorities on Thursday to complain that his complaint has been marked by the SSP Ferozepur to same officer. He said a false case was registered against him and by the DSP and how can same officer investigate against him. The Commission sources said there are plenty of such cases.
The SAD-BJP government which faces flak for violation of human rights has created a method of investigating cases improperly favors state actors over petitioners. A separate human right cell in Punjab Police head quarter where all complaints are sent by commission. The cell processes the complaints and forwards to SSP of concerned district who further assigns investigation to DSP or SHO of concerned area. The sources said that Punjab Police returns about 80 percent of complaints to commission with the tagline, ‘report is found baseless’.
DGP Rajinder Singh when contacted said that he was doing best possible he could do in the existing set up. He said that it was prerogative of the Commission Chairman to forward complaints for investigation either to him or concerned departments including Punjab Police. Some cases where commission is not satisfied with Police report are forwarded to him. He said that he tried to sort out the issues by counseling the aggrieved party or send his recommendations to DGP Punjab Police for action against erring cops.
“PSHRC was no helping any human rights victims and that the people of Punjab would be better served if the commission is closed”. These observations noted in its report, published recently, by Human Rights Law Network (HRLN), a national level NGO of lawyers, which reviewed the working of Commission speaks volume of state of affairs in the Commission.
During the year 2014, the commission had received 55 percent (8792) of total complaints (15523) against the Punjab Police. The rise in complaints against Police started in the year 2002 during Congress party Government when 4344 complaints were registered and it has doubled during present regime, beginning 2007.
The PSHRC is practically working with single judicial member that is Chairman Justice Jagdish Bhalla retired as Chief Justice of Rajasthan High Court. According to lawyers who practice before PSHRC Justice Bhalla has reputation for rarely being at the commission. Justice Bhalla, judge at Allahabad High Court was once in eye of storm of when the President of India Abdul Kalam had opposed his elevation as Chief Justice.
The two posts of judicial members are lying vacant after the retirement of Justice Baldev Singh retired judge of High Court and Justice L.R.Roojam, retired session judge. Both of them had retired in November 2011 and no appointment is made till date.
Under the Protection of Human Rights Act 1993 it is mandatory to appoint a retired Chief Justice as Chairman of the commission and two other judicial officers-retired Judge of High Court and retired district judge-as members. The state government has expanded the strength of members with two more non-judicial members who have knowledge of human rights.
The SAD-BJP government has started appointing politicians or persons with political lineage on these posts. The state government May 2009 appointed BJP leader Avinash Rai Khanna as member who left the job in March 2010 after nomination to Rajya Sabha. He was elected to MP on BJP ticket from Hoshiarpur in 2014.
Khanna was replaced by Baljinder Singh a Patiala based advocate who run NGO. Baljinder Singh has no background of involvement in human rights. The other non-judicial member Pushpinder Singh also lacked requisite human rights experience. He is brother of ruling Shiromani Akali Dal General Secretary Maheshinder Singh Grewal and brother-in-law of sister of Punjab Agriculture Minister Tota Singh.
The backbone of PSHRC, the investigation wing has crippled after its powers were circumvented by state government and Punjab Police was vested with powers to investigate complaints.
The investigation wing in PHRC is headed by an officer of DGP rank. Presently, Rajinder Singh an IPS officer of 1982 batch is posted there. The quarries made by Sunday Guardian revealed that DGP is the only officer posted in the wing. All the sanctioned posts of one Superintendent of Police, One post of Deputy Superintendent of Police, four posts of Inspector and four posts of Sub-Inspector are lying vacant for several years. Two retired inspectors of police have been hired through a job contractor to attend routine office work.
As a rule, the complaints made against police are referred back to the police for investigation and sources in the Police said that often complaints are marked to same cops who are named in the complaint. Sunday Guardian encountered a Ferozepur resident Jaswinder Singh Kelly who had made a complaint against DSP (D) of Ferozepur. He had come to see PSHRC authorities on Thursday to complain that his complaint has been marked by the SSP Ferozepur to same officer. He said a false case was registered against him and by the DSP and how can same officer investigate against him. The Commission sources said there are plenty of such cases.
The SAD-BJP government which faces flak for violation of human rights has created a method of investigating cases improperly favors state actors over petitioners. A separate human right cell in Punjab Police head quarter where all complaints are sent by commission. The cell processes the complaints and forwards to SSP of concerned district who further assigns investigation to DSP or SHO of concerned area. The sources said that Punjab Police returns about 80 percent of complaints to commission with the tagline, ‘report is found baseless’.
DGP Rajinder Singh when contacted said that he was doing best possible he could do in the existing set up. He said that it was prerogative of the Commission Chairman to forward complaints for investigation either to him or concerned departments including Punjab Police. Some cases where commission is not satisfied with Police report are forwarded to him. He said that he tried to sort out the issues by counseling the aggrieved party or send his recommendations to DGP Punjab Police for action against erring cops.
There are around 450 government primary schools in the district, having approximately 35,000 students.
A classroom without benches at Government School in Phase 3B2, Mohali. (Express Archives)
The Punjab State Human Rights Commission has summoned three government officials and asked them to file a report in a case related to the shortage of basic infrastructure in Mohali government primary schools. Earlier in May, the Commission had taken suo motu cognizance of a Newsline report highlighting the lack of benches, classrooms and other infrastructure in schools and asked officials to submit a reply.
In his reply to the commission, District Education Officer (Elementary Education) Gurjit Singh said that action has been taken to meet the shortage of books and these have been distributed, while efforts are on to meet the shortage in other facilities. He also stated that at a primary school which lacks a toilet, there is no land available for constructing one.
On Thursday, Deputy DEO (EE) Kuljit Kaur appeared before the commission which has directed DEO (EE), DEO (Panchayati Raj) and the Block Development and Panchayat Officer (BDPO) to appear on the next date of hearing.
There are around 450 government primary schools in the district, having approximately 35,000 students. On May 6, Newsline had highlighted the shortage of nearly 6,500 benches, around 190 classrooms, more than 13,000 metres of boundary wall and 75 teachers in these schools. Also, around one hundred schools needed major repair, according to the data provided by schools in the District Information of School Education (DISE) survey which is held every year.
In his reply to the Commission, the DEO said that a proposal for seeking grants is sent to SSA, Punjab, based on information gathered by the DISE survey and the grants are then used to fulfil the shortcomings in the schools.
He stated that a proposal seeking more furniture, classrooms and other infrastructure had been sent to the Director General of School Education (DGSE). Grants for 74 more classrooms had been sanctioned and as soon as funds are released, these will be forwarded to schools, he said.
Gurjit Singh also said that the shortage of books had been met and till May 25, all books had been distributed. He further said that he went to inspect the school in Chhoti Bari Naggal village which lacked a toilet. Rs 35,000 was sent to the school in 2005, but a toilet could not be constructed due to lack of land.
The Sarpanch said that an effort will be made to provide more land to the school in order to construct a toilet, the DEO said in his reply to the commission. He also said that at the primary school in Bishangarh village, a toilet had been constructed after funds were released in February.
As the school with no toilet comes under the Panchayati Raj Institutions, DEO Gurjit Singh wrote a letter to DEO (Panchayati Raj) Subash Mahajan who has also been summoned by the Commission.
The case was adjourned to September 3.
A classroom without benches at Government School in Phase 3B2, Mohali. (Express Archives)
The Punjab State Human Rights Commission has summoned three government officials and asked them to file a report in a case related to the shortage of basic infrastructure in Mohali government primary schools. Earlier in May, the Commission had taken suo motu cognizance of a Newsline report highlighting the lack of benches, classrooms and other infrastructure in schools and asked officials to submit a reply.
In his reply to the commission, District Education Officer (Elementary Education) Gurjit Singh said that action has been taken to meet the shortage of books and these have been distributed, while efforts are on to meet the shortage in other facilities. He also stated that at a primary school which lacks a toilet, there is no land available for constructing one.
On Thursday, Deputy DEO (EE) Kuljit Kaur appeared before the commission which has directed DEO (EE), DEO (Panchayati Raj) and the Block Development and Panchayat Officer (BDPO) to appear on the next date of hearing.
There are around 450 government primary schools in the district, having approximately 35,000 students. On May 6, Newsline had highlighted the shortage of nearly 6,500 benches, around 190 classrooms, more than 13,000 metres of boundary wall and 75 teachers in these schools. Also, around one hundred schools needed major repair, according to the data provided by schools in the District Information of School Education (DISE) survey which is held every year.
In his reply to the Commission, the DEO said that a proposal for seeking grants is sent to SSA, Punjab, based on information gathered by the DISE survey and the grants are then used to fulfil the shortcomings in the schools.
He stated that a proposal seeking more furniture, classrooms and other infrastructure had been sent to the Director General of School Education (DGSE). Grants for 74 more classrooms had been sanctioned and as soon as funds are released, these will be forwarded to schools, he said.
Gurjit Singh also said that the shortage of books had been met and till May 25, all books had been distributed. He further said that he went to inspect the school in Chhoti Bari Naggal village which lacked a toilet. Rs 35,000 was sent to the school in 2005, but a toilet could not be constructed due to lack of land.
The Sarpanch said that an effort will be made to provide more land to the school in order to construct a toilet, the DEO said in his reply to the commission. He also said that at the primary school in Bishangarh village, a toilet had been constructed after funds were released in February.
As the school with no toilet comes under the Panchayati Raj Institutions, DEO Gurjit Singh wrote a letter to DEO (Panchayati Raj) Subash Mahajan who has also been summoned by the Commission.
The case was adjourned to September 3.
In the ongoing case regarding the poor state of Mohali government primary schools before the Punjab State Human Rights Commission, not only have the district authorities failed to submit a status report regarding the lack of infrastructure, but they also continue to pass the buck when it comes to the construction of a toilet in a rural primary school.
In the interim report filed by District Panchayat Education Officer (DPEO) Subhash Mahajan before the commission, he said that the construction of a toilet in the government school at Chhoti Bari Naggal village was the responsibility of the District Education Officer (DEO) as the latter had the authority to seek grants under the Sarva Shiksha Abhiyan (SSA) scheme.
Strangely, however, before the previous hearing, DEO Gurjeet Singh had submitted a report saying that the said school came under the Panchayati Raj institutions and he had written to the DPEO in this regard, after which the DPEO was summoned.
The commission has now given another opportunity to the education authorities to submit a report, and also summoned the District Education Officer (Elementary Education) and the Block Development and Panchayat Officer (BDPO) who failed to appear before the commission for the hearing on Thursday.
“No report has been received from DPI (Elementary Education), Punjab. Not caring for the orders of the commission has been viewed seriously. DPEO stated that he has no knowledge regarding these issues which are concerned with DEO,” said the commission in its order.
There are around 450 government primary schools in the district, having a strength of approximately 35,000 students.
On May 6 this year, Newsline had highlighted the shortage of nearly 6,500 benches, around 190 classrooms and more than 13,000 metres of boundary wall, among other things.
Also, around 100 schools needed major repair, according to the data provided by schools in the District Information of School Education (DISE) survey which is held every year.
The commission had taken suo motu cognisance of the report and asked for a status report from the authorities. In June, the DEO had replied that action had been taken to meet shortage of books while a proposal seeking furniture and additional infrastructure had already been sent to the Director General of School Education.
In the interim report filed by District Panchayat Education Officer (DPEO) Subhash Mahajan before the commission, he said that the construction of a toilet in the government school at Chhoti Bari Naggal village was the responsibility of the District Education Officer (DEO) as the latter had the authority to seek grants under the Sarva Shiksha Abhiyan (SSA) scheme.
Strangely, however, before the previous hearing, DEO Gurjeet Singh had submitted a report saying that the said school came under the Panchayati Raj institutions and he had written to the DPEO in this regard, after which the DPEO was summoned.
The commission has now given another opportunity to the education authorities to submit a report, and also summoned the District Education Officer (Elementary Education) and the Block Development and Panchayat Officer (BDPO) who failed to appear before the commission for the hearing on Thursday.
“No report has been received from DPI (Elementary Education), Punjab. Not caring for the orders of the commission has been viewed seriously. DPEO stated that he has no knowledge regarding these issues which are concerned with DEO,” said the commission in its order.
There are around 450 government primary schools in the district, having a strength of approximately 35,000 students.
On May 6 this year, Newsline had highlighted the shortage of nearly 6,500 benches, around 190 classrooms and more than 13,000 metres of boundary wall, among other things.
Also, around 100 schools needed major repair, according to the data provided by schools in the District Information of School Education (DISE) survey which is held every year.
The commission had taken suo motu cognisance of the report and asked for a status report from the authorities. In June, the DEO had replied that action had been taken to meet shortage of books while a proposal seeking furniture and additional infrastructure had already been sent to the Director General of School Education.