REMDEO CHAUHAN @ RAJNATH CHAUHAN v. BANI KANT DAS & Ors.

A review that there can be no violation of a person's human right by a judgment of this Court is possibly not . correct. This Court in exercise of its appellate jurisdiction has to deal with many judgments of High Courts and Tribunals in which the H!gh Courts or the Tribunals, on B an erroneous perception of facts and law, have rendered decisions in breach of human rights of the parties and this Court corrects such errors in those judgments. The instances of this Court's judgment violating the human rights of f .e citizens may be extremely rare but it cannot c be said that such a situation can never happen. [Paras 56, 57 and 58] [984-0-G]

2.6. But this Court hastens to add that NHRC cannot function as a parallel seat of justice to rectify or correct or comment upon orders passed by this Court or any D other Courts of competent jurisdiction. For correcting an ., a judicial proceeding, the aggrieved party has to 1 Jstablished gamut of the corrective ~ hinery of appeal, revision, review, curative petition , ' and so on. [Para 64] [985-H; 986-A-B] E

2.7. In fact in this case the NHRC did not send any recommendation as long as the first review proceedings were pending in this court. The NHRC was keeping a track of the proceeding in the Court. From its order, it is F revealed that NHRC was aware that a review petition was filed against the judgment of this Court in, in addition to a mercy petition filed before the Governor of Assam. The NHRC closely followed the proceedings of the review petition. The NHRC made its recommendations only after G the judgment in first r-eview was passed by this Court. [Paras 65, 66] [986-C-D]

2.8. NHRC, a statutory body, in a given situation, may have to act under the order or direction given by this Court in exercise of its constitutional power of judicial H review. However, in the facts of this case, NHRC ~as not REMDEO CHAUHAN @ RAJNATH CHAUHAN v. 965 BAN I KANT DAS qommitted any illegality by taking into consideration the A article written by Professor 'V' and then making a mere r,ecommendation to the Governor, for considering the petitioner's plea for commutation . In doing so, NHRC acted within its jurisdiction. [Paras 69, 70] [987 ·D·E]