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21995/2021/MCP
(a) is made in reply to the question which he is required by the Commission
to answer; or
(b) is relevant to the subject matter of the inquiry.
16. Persons likely to be prejudicially affected to be heard.-If, at any stage
of the inquiry, the Commission(a) consider it necessary to inquire into the conduct of any person; or
(b) is of the opinion that the reputation of any person is likely to be
prejudicially affected by the inquiry, it shall give to that person a
reasonable opportunity of being heard in the inquiry and to produce
evidence in his defence:
Provided that nothing in this section shall apply where the credit of a witness
is being impeached.
CHAPTER-IV
Procedure
17. Inquiry into complaints.-The Commission while inquiring into the complaints
of violations of human rights may(i) call for information or report from the Central Government or any State
Government or any other authority or organization subordinate thereto
within such time as may be specified by it:
Provided that(a) if the information or report is not received within the time stipulated
by the Commission, it may proceed to inquire into the complaint on
its own;
(b) if, on receipt of information or report, the Commission is satisfied either
that no further inquiry is required or that the required action has been
initiated or taken by the concerned Government or authority, it may not
proceed with the complaint and inform the complainant accordingly;
(ii) without prejudice to anything contained in clause (i), if it considers necessary,
having regard to the nature of the complaint, initiate an inquiry.
1
[18. Steps during and after inquiry.-The Commission may take any of the
following steps during or upon the completion of an inquiry held under this Act,
namely:(a) where the inquiry discloses the commission of violation of human rights
or negligence in the prevention of violation of human rights or abetment
thereof by a public servant, it may recommend to the concerned Government
or authority(i) to make payment of compensation or damages to the complainant or
to the victim or the members of his family as the Commission may
consider necessary;
(ii) to initiate proceedings for prosecution or such other suitable action as
the Commission may deem fit against the concerned person or persons;
(iii) to take such further action as it may think fit;
(b) approach the Supreme Court or the High Court concerned for such directions,
orders or writs as that Court may deem necessary;
(c) recommend to the concerned Government or authority at any stage of the
inquiry for the grant of such immediate interim relief to the victim or
the members of his family as the Commission may consider necessary;
1. Substituted by Act No. 43 of 2006, w.e.f. 23-11-2006.
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