[dropcap]T[/dropcap]HE National Human Rights Commission (NHRC) has called for a status report within four weeks of the investigation by the Central Bureau of Investigation (CBI) into the criminal cases filed against members of the Lawyers Collective, Senior Advocate Anand Grover and its other unnamed functionaries.
The NHRC issued notice after receiving communications from Henri Tiphagne, human rights activists associated with Human Rights Defenders’ Alert (HRDA), and Maja Daruwala, Senior Advisor of Commonwealth Human Rights Initiative, expressing concern over the victimisation and harassment of Lawyers Collective and Senior Advocate Anand Grover for their human rights work.
Henri Tiphagne, in his complaint, has stated that the Lawyers Collective is a group of lawyers with a mission to empower and change the status of marginalized groups through the effective use of law and engagement in human rights advocacy, legal aid and litigation. It is also mentioned that Anand Grover was the United Nations Special Rapporteur on Right to Health between August 2008 to July 2014 and Indira Jaising was an Additional Solicitor General of India between July 2009 to May 2014 and a member of the United Nations Committee on the Elimination of Discrimination Against Women between 2009 – 2012.
Maja Daruwala in her complaint expressed concern that Jaising and Grover were being victimized for the work that they have done in court in their capacity as lawyers. She also stated that Jaising and Grover were long-standing, lawyers and human rights defenders of high integrity, reputed both at home and abroad.
The NHRC after careful examination of the contents of communications received from various human rights defenders has made it clear that the matter related to the alleged violation of various sections of the Foreign Contribution (Regulation) Act, 2010, a subject which was outside the purview of the Commission.
However, the submission made by Tiphagne and Daruwala that the filing of criminal charges against their organization was solely based on a report of the Ministry of Home Affairs pertaining to January 2016, that there had been no change in circumstances or material on record since then, and hence there was no material basis for invoking provisions of the Indian Penal Code and other acts, it said, was definitely a subject matter the Commission was empowered to examine under the Protection of Human Rights Act, 1993 to make it non-discriminatory and to avoid arbitrariness.
Taking into consideration that Jaising and Grover had been actively raising issues pertaining to the alleged violation of human rights across the country, and looking into their active role in civil society, the Commission said it found it appropriate to forward copies of the complaints lodged by Tiphagne and Daruwala to the Director, CBI, New Delhi calling for the status of the investigation in the matter within four weeks.
