CONTENTS Introduction Administrative Section Law Division
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CONTENTS Introduction 1-9 Administrative Section 9-11 Law Division 11-56 Statements 57-6 1 Investigation Wing 62-73 Details of Cases Reported During 2007-08 74-87 Photo's 88-98 ANNUAL REPORT 2010-11 The Commission has so far submitted Annual Reports of 2007-0 8, 2008-09 and 2009-10 on time. As per the regulations framed by the Commission, the Annual Reports for the year 2007-08, 2008-09 and 2009-10 have been sent to the State Government before the end of June of the succeeding year. Government's reaction in the action taken reports furnished to the Legislature have also been collected from the Legislature Secretariat. The Commission has amended the regulation to submit the Annual Report before the end of September of the succeeding year. Since the Memorandum of Action and the action taken and proposed to be taken have been made available to the Commission the views of the Commission, after examining them, are as follows: In the First Annual Report, the Commission had mentioned about the allotment of space for the office of the Commission and the request of the Commission for the allotment of Park House. Officially, the State Government has not con-L1unicated the decision to the Commission till today. But in the action taken report placed before the Legislature, it has been mentioned that Karnataka Public Service Commission was of the view that the Park House is required for the use of the Public Service Commission itself It was mentioned in the last Annual Report that the Government has written to the Revenue Department for allotment of two to three Acres of land in a central place in Bangalore city. In the memorandum of actions taken on the report of 2008-09, the Law Department has mentioned that it has sent the list of vacant survey numbers of Government land for consideration of the Commission and it is further stated that the reply of the Commission is awaited. The Government in its D.O. letter No.LAW 118 HRC 2006 (Part) dated 25.06.2008 had stated that it has requested the Revenue Department for allotment of two to three Acres of land. This letter has been written to the then Principal Secretary, Revenue Department. The response of the Revenue Department to this proposal is not known to this Commission. The Government in its letter dated 08.03.2010 has stated that as a short-term measure to identify a private Karnataka State Human Rights Commission building for rent at the rates to be fixed by the PWD and as a long term measure has requested the BDA to allot a site. It ha 1-. -' 4,,-. -..-.,-.; of the Commission that by the very nature of its wcç th Commisi3n requires a building where the members of the public come easily to approach the 0ommissior1. Mosi of the people who come with complaints to th cu:ot .1 proach the Commission if it is located in a far off place. The State Government has allotted 4,634 sq. ft. of space to the Commission in the 5th Phase of the M.S. Building vide order No.DPAR 147 DBM 2009, Bangalore dated 16.06.2010. This space has come to the pcsession of the Commission one year after the State Government has passed the order. The State Government has considered the request of the Commission to provide space in the central space i.e. in the 5th Phase of the M.S. Building. It may kindly be noted that the offices of the Lokayukta, State Information Commission, State Election Commission, Karnataka State Consumers Forum, High Court of Karnataka, Karnataka Public Service Commission and Law Commission all are located in and around Vidhana Soudha and now the State Government is taking action to locate the office of the Karnataka Administrative Tribunal in the same vicinity. The Commission has requested for allotment of the entire 5th Phase space of the M.S. Building. It is possible if the Government takes it seriously to shift the other offices located in the fifth phase and allot the same to the Commission thereby it could solve the space problem of the Commission. The Government is aware of the fact that it is very difficult to get larger accommodation of private buildings on rental basis in a place which is convenient to the public. The Government has appreciated the needs for the space by differentiating between immediate needs and permanent needs. The Commission has requested for space in the compound of Karnataka Public Service Commission facing the palace road by constructing a permanent building, as the Government has allotted a space abutting Phase of M.S. Building to the State Information Commission. To get a permanent building constructed may take some time and therefore the Government should in all seriousness examine the possibility of providing the entire fifth phase to the Commission at an early date. 2 Fourth Annual Report 2010-11 So far as the conditions of service of the Chairperson and Members, it is admitted that they have to be prescribed by the State Government as per the Act. The Commission is well aware of this fact, but what the Commission is requesting is to keep the service conditions and rules on par with rules that are framed for the National Human Rights Commission and the other State Human Rights Commissions. In all Rules residuary clause is enacted to apply provisions of terms and conditions of services of the Chief Justice and the Judge of the High Court where no specific provision is ac:e in the Rules framed with regard to any aspect of the service of Chair r-on aid s. i.. framing the Rules, the State Government may keep in mind the service conditions that are framed in other State Human Rights Commissions and National Human Rigkvs Commission and similar Commissions that are constituteu by th Statt Gmvcmment. It may kindly be noted that the State Human Rights Commission is a body constituted under a Central statute. The Government may examine the service conditions that are now framed in the light of what has been done in the case of Lokayukta, State Election Commission, Karnataka Administrative Tribunal, State Information Commission, Karnataka Public Service Commission and the Law Commission. In order to aid the Government the Commission taking into account the rules framed by other State Governments and Central Government prepared draft Rules, and vide its covering letter dated 17.12.2009 has forwarded the draft Rules to the Government, and the Government has not yet approved the draft Rules, and the draft Rules, as it is, if approved will solve all problems arising out of truncated and incomprehensive Rules already framed by the Government. The Government in its memorandum of action taken report to the First Annual Report has mentioned about the number of posts that are in some of the other State Commissions and the National Human Rights Commission. The State Human Rights Commission has so far registered 25,033 complaints and disposed 15,898 complaints. It may kindly be noted that the number of complaints are increasing every day from all parts of the State and these complaints are in addition to the cases Suo-motu registered. The Law Department has mentioned about posts of other States and also the National Human Rights Commission, but the major number of posts that are being 3 Karnataka State Human Rights Commission asked is in the Investigation Division. It has become difficult to investigate complaints that come from every nook and corner of the State. The Hon'ble Minister for Law when he visited the Commission on 09.07.2008 has understood the need for the accommodation, the facilities, the Cadre and Recruitment Rules, the status of the Chairperson and Members and the staff requirement of Investigation Division. Although the Hon'ble Minister for Law visited two years ago and has categorically stated that in order to effectively function the Investigation Division should be on the same line as that of Lokayukta. The State Government may kindly consider the existing investigation wing of the Lokayukta as well as that of the Commission. The Commission has already furnished the revised proposal to the Government and the Government in its order No.LAW 17 HRC 2010, Bangalore dated 10.06.2010 has created 29 posts. The Commission is of the view that the Government orders should have indicated as to how these posts have to be filled up. The need for Cadre and Recruitment Rules does not merely fix the Cadre strength. Cadre strength has to be examined separately but the number of posts that are mentioned in the Government order should have a Cadre and Recruitment procedure. Therefore, the State Government should consider framing of the Cadre and Recruitment Rules forthwith. 1. Appointment of Chairperson: The Committee constituted in Section 22(1) of the Act, exercising its power, made its recommendation and His Excellency the Governor of Karnataka was pleased to appoint Dr. Justice S.R.Nayak, retired Chief Justice of Chattisgarh High Court as the Chairperson of the Karnataka State Human Rights Commission in notification No.LAW 17 HRC 2005 dated 23.7.2007. He assumed charge on the afternoon of 25.07.2007 Dr. Justice S.R. Nayak continued as Chairperson of the Commission during this year also. 2. Appointment of Members of the Commission: As per section 21(2)(b) of the Act, one member who is, or has been a Judge of a High Court or District Judge in the State with a minimum of seven years experience as District Judge may be appointed as the member of the Commission.