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Supreme Court exonerates NHRC officer involved in Sham encounter

NHRC LAW INSIDER IN

Jass Kaur Bindra

The Hon’ble Supreme Court in this case claimed that the NHRC officer Mahesh Bhardwaj must be discharged from all the charges because no evidence could be found out by the special investigation team against him. This case is related to the State of Manipur.

Along with the discharge of NHRC officer, the promotion of Mahesh Bhardwaj which was pending before NHRC because he was under the accusation by the special investigation team should now be promoted to a higher post in his Cadre as the charges have been clearly removed.

The Supreme Court also administered the centre to fill the vacancy by providing a suitable officer to the National Human Rights commission at the earliest. 

 Mahesh Bhardwaj was the senior superintendent of Police under the National Human Right Commission during his work he was charged with fake encounter in the state of Manipur. Special investigation team was set to investigate his fake encounter case but despite all efforts no evidence, no claim was found against Mr Bhardwaj. 

Since no claim encounter was found by the special investigation team in National Human Right Commission filed a plea in Supreme Court to acquit their officer Mahesh Bhardwaj as the charges against him were baseless and even the special investigation team despite all efforts didn’t find any wrongful act committed by him.

Taking this petition by National Human Right Commission into account the supreme court discharged the officer from the probe of a special investigation team moreover his promotion to a higher post in his parent cadre was allowed.

Since the Supreme Court directed the centre to expeditiously bring new officer for NHRC, the solicitor general of India Tushar Mehta who was representing the centre in the case claimed that he will be submitting the list of the people who were recommended for the post of officer and amicus curiae can select the officer from that list.

Senior lawyer and advocate who was representing the non-government organisation demanded that officer should be appointed as soon as possible because there is a pile of pending cases in Manipur

Conclusion-

Mr Mahesh Bhardwaj against whom charges of sham encounter were imposed by the special investigation team are now removed and his promotion which was pending because of these charges will take place and he will be promoted to the post of Deputy Inspector General of Police.

The centre has been directed to provide a list of recommended officers so that an officer for the National Human Right Commission could be selected at the earliest.