NEW DELHI: Former Delhi law minister Somnath Bharti on Friday won relief from the Delhi high court which set aside an NHRC order passed against him unilaterally in connection with the Khirki Extension raid.
A vacation bench of Justices S Muralidhar and Manmohan Singh quashed the September 29 NHRC order as it was passed without allowing Bharti to defend himself and ordered fresh proceedings in the matter. The National Human Rights Commission, in its order, had indicted Bharti of “racial prejudice and unlawful acts” against 12 African women during his controversial midnight raid in south Delhi’s Khirki Extension.
HC illegal and also directed it to pass a detailed order by taking into account the evidence produced by Bharti in his defence. The AAP member has been asked to appear before NHRC on the next hearing in January.
In the process, HC disposed Bharti’s appeal against its single judge’s decision to dismiss his petition against NHRC’s September 29 ruling. Appearing for the Centre, additional solicitor general Sanjay Jain assured the bench the Centre will be represented before the commission, as will be Delhi government and police.
Challenging the NHRC order, Bharti’s lawyer, Deepak Khosla, had argued that the ruling be declared a “nullity” as it was passed without giving Bharti an opportunity to defend himself. The former minister has also sought compensation of Rs 100 crore from the Centre, NHRC and Delhi government.
Bharti also argued that NHRC prematurely directed Delhi government to pay Rs 25,000 compensation each to the 12 women who allegedly suffered racial abuse, illegal detention, intimidation, abuse, assault and indignity by Bharti. He questioned if NHRC had the jurisdiction to award compensation based on mere ‘prima facie’ findings, without taking the proceedings before it to their full logical conclusion.
TOI | Dec 27, 2014
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