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Delhi High Court sets aside direction by NHRC

Staff Reporter

NEW DELHI: The Delhi High Court has set aside a direction by the National Human Rights Commission to award as an interim relief a compensation of Rs.50,000 to a Mumbai-based businessman.

Setting aside the direction, Justice Sunil Gaur also remanded the matter to the Commission asking it to consider whether there was any time limit for grant of an interim relief by it and whether it had the powers to pass such directions.The High Court passed the order on a petition by the Enforcement Directorate challenging the Commission’s direction on the ground that it could not grant an interim relief beyond a reasonable time period.

It also argued that the Commission did not have the powers to pass such directions. The Commission had granted the interim relief to the businessman on a petition by him accusing the Directorate of torturing him during his custodial interrogation.

The Directorate had arrested the businessman, Prabhakar L. Mehta, in 1997 on the charge of alleged transfer of foreign exchange worth Rs.460 crore to pay for a bogus import consignment.

Mr. Mehta had filed the complaint in the Commission within three days of his interrogation.

But the Commission had granted the interim relief in 2000, three years after the filing of the complaint.

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