(5) On receipt of the report under sub-section (4) the Commission shall provide its copy
to the complainant or his representative, as the case may be.
19. Action to be taken after inquiry.
(1) Notwithstanding any provision contained contrary to this Act, if the allegation proved
true after inquiry, the Commission may
(a) recommend to the Government to initiate proceeding for prosecution or to take any
other legal action against the concerned person and, at the same time, shall mention the
type of case or legal action that should be appropriate to be taken in perspective of the
matter, in the recommendation;
(b) cause a petition to be submitted on behalf of the aggrieved person before the High
Court Division of the Supreme Court, or on its own initiative, submit a petition before
such Division if any order or instruction is issuable under article 102 of the Constitution.
(2) The Commission may under sub-section (1) recommend to the Government or the
concerned authority to sanction such amount of temporary grant to the affected person
or his family as the Commission may consider appropriate.
(3) The Commission shall provide a copy of the inquiry report to the aggrieved person or
his representative.
(4) The Commission shall furnish a copy of the inquiry report with recommendation made
under sub-section (1) and (2) to the Government or to the concerned authority and the
Government or the concerned authority shall, within a period of three months from
receiving the report, inform the Commission regarding the action taken or proposed to be
taken on the basis of such recommendation.
Provided that if the Government or the authority contradicts with the Commission, or fails
or refuses to take decision according to the recommendation of the Commission, the
Government or the authority shall inform the Commission regarding the reasons of such
contradiction, inability or refusal within the aforesaid time limit.
(5) The Commission shall publish the summary of its inquiry report and its decision or
recommendation on the report in such manner as it deems fit :
Provided that if the Commission is satisfied that it is necessary to publish the inquiry
report on the whole or any part thereof for general information considering its
importance, it shall publish the whole or any part thereof, as the case may be :
Provided further that if the Commission is satisfied that, it is not necessary to publish the
summary of any report, it shall not be necessary to publish anything of the report.
(6) The Commission shall have the right to compete as a party to any case or legal
proceeding involving allegation of violating human rights pending before any court.
20. Privileges of the witness giving evidence to the Commission.
(1) The person giving evidence to the Commission shall enjoy the same privileges as of
a person giving evidence to the court.
(2) No suit or prosecution shall lie against any person for his statement or deposition
which is recorded as evidence before the Commission and that statement or deposition
shall not be used in any proceeding of criminal or civil nature ; but if there is any false
evidence in his statement or deposition, he shall not be discharged of any offence of
giving false evidence.
21. Service of summons.
(1) Each summons under this Act shall be issued under the signature of the Chairman or
any Member or any officer of the Commission authorized by it in this behalf.
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