National SC panel has limited powers, says Punjab and Haryana High Court

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Chandigarh, Sep 11 (IANS) In a significant turn of events, the Punjab and Haryana High Court has seen that protected body, the National Commission for Scheduled Castes, “doesn’t have the force of settlement and has no position to give any compulsory directive or break directive”.

Further, Article 338 (5) of the Constitution forces an obligation on the commission to examine and screen all matters connecting with the protections accommodated the Scheduled Castes and to direct investigations into grumblings relating to the hardship of freedoms and shields, noticed Justice Vinod S. Bhardwaj, while remaining the commission’s order to the neighborhood organization to surrender 28 sections of land of land in Fatehgarh Sahib in Punjab to Nahar Nath.

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It has requested that the ownership of the land ought to stay with candidate Vikas Nath.

“Article 338 (8) vests powers of Civil Court upon the Commission just for restricted purposes. The restricted extent of force of a Civil Court vested in the Commission is just for empowering it to get bringing and implementation of participation of any individual or requiring disclosure and creation of reports and so on,” the court noticed.

Subsequent to hearing direction for candidate Rakesh Chopra, the court remained the activity of the commission request dated July 26-27. It by all appearances concurred with the contention of the candidate that the powers of the commission are restricted.

The high court, while posting the matter for next hearing on November 3, fought that “such request of the commission negates the Supreme Court judgment”.

The commission had requested that the right of development ought to be given subsequent to surrendering the ownership of land claimed of a ‘dera’ by the organization to complainant Nahar Nath and sufficient security be given to him.