Yesterday, the Bench of the Apex Court comprising CJI DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala, the Court Court asked the Central Government to consider bringing a mechanism which will allow people of Jammu and Kashmir to file their complaints to the NHRC from J&K itself.

Earlier, the Court recorded the statements by Solicitor General of India Tushar Mehta for reopening statutory panels in Jammu and Kashmir such as the Human Rights Commission, and Information Commission- which stopped functioning after the special status of J&K was repealed and the state was converted into a UT- was being considered at the appropriate level.

Earlier, the Court submitted that instead of State Human Right Commission,  NHRC would be the appropriate statutory panel to deal with human rights issues in Jammu and Kashmir owing to its status as a Union Territory. 

"You are saying that the Central Commissions will double up as the State Commissions. So for accessibility, is there a sitting there in Jammu and Kashmir? They would have to go to Delhi.", said Court. 

The petitioner, Advocate Asim Sarode, objected and said, "There are no offices in Jammu and Kashmir and that is required. This is about access to justice."

To this, SG Mehta stated that there will soon be offices if they were not already there.

"So we'll record your submission that where the offices are not made available yet, they will be made available so access to justice is not impeded." said, CJI Chandrachud.

SG Mehta also submitted that even virtual hearings would be available. Here, he gave the example of the Central Commission for Information which allowed for virtual hearings.

Justice Narasimha opined–

"You say after the Reorganisation Act came into force, NHRC is the commission. So the question is if there are any complaints with respect to Jammu and Kashmir and Ladakh, it would be adjudicated by NHRC, but the sitting will only be in Delhi. So virtually it means that Jammu and Kashmir has no State Human Rights Commission, unless we record your statement that NHRC can have a sitting either in Jammu and Kashmir or virtually once in a month or twice a month- some arrangement can be made."

CJI DY Chandrachud asked the SG to find a mechanism so that people in Jammu and Kashmir can file their grievances and complaints to NHRC. SG agreed to get instructions on this point.

The next date of hearing is on 24th March, 2023.