being in force. Under Section 36 (1) of the Act, the phrase 'any other Commission' follows the words 'State Commission'. This scheme of the Section makes the intention of the Legislature clear. 'Any other Commission' contemplated by Section 36 (1) has to be akin to State Commission or National Human Rights Commission and it must have functions and powers similar to the State Commission or NHRC. A Commission constituted under the Commission of Inquiry Act shall obviously not fall in that category because such a Commission is in the nature of an administrative body and its role is not that of a quasi-judicial body, such as the NHRC or State Commissions. 6.117 Further, there is a fundamental difference between the National Human Rights Commission and a Commission appointed under the Commission of Inquiry Act (for short "the Inquiry Commission") in the matter of constitution, tenure, functions and powers. As such, the jurisdiction of NHRC is not ousted merely because Justice Nanavati Commission and Justice Shah Commission are seized of cognate issues. 6.118 The pendency of criminal cases in the Courts and transfer petitions in the Supreme Court can also not operate as a bar to the jurisdiction of NHRC. 6.119 NHRC has the discretion whether or not to assume jurisdiction when a matter is sub-judice. It may well be that after investigation or inquiry into the matter, the Commission may decide to intervene in a judicial proceeding u/s 12(b) of the Act. 6.120 Section 12 (a) of the PHRA casts a duty on NHRC to inquire into complaints of violation of human rights or abetment thereof or negligence in the prevention of such violation by a public servant. 6.121 Further, as per Section 14(1) of the Act, NHRC may, for the purpose of conducting investigation pertaining to the inquiry, utilize the services of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be. 6.122 The term 'investigation' u/s 14 (1) of the Act is different from police investigation under Cr. P.C. It is an investigation in aid of the inquiry u/s 12 of the Act. An investigation contemplated by Section 14 (1) of the Act does not result in a Final Report or a challan, as in the case of police investigation, but yields a report which is subject to the scrutiny of NHRC. 6.123 CBI is an independent investigative agency under the Delhi Special Police Establishment Act. While investigating criminal offences under Delhi Special Police Establishment Act, the CBI discharges the investigative functions of police and it exercises powers and jurisdiction under Cr. P.C. Since the police or policing is within the exclusive jurisdiction of the State (Entry 2, List II, Schedule VII of the Constitution of India), Section 6 of the Delhi Special Police Establishment Act provides that the consent of the Government of the State, in which the investigation is to be conducted, shall be necessarily obtained before commencement of CBI investigation in that State. National Human Rights Commission 53