The position is, however, different when CBI conducts investigation under the provisions of
Section 14 of the PHRA. While making investigation u/s 14 of the Act, CBI works under the
direction of NHRC and it exercises limited powers enumerated in Sub-section 2 of Section 14.
Therefore, the term 'concurrence' in Section 14 (1) of the Act has a different connotation. It simply
means concurrence in respect of borrowing and utilizing the services of any officer or
investigation agency.
6.124 Since CBI is an investigation agency of the Central Government, NHRC was only required
to ask the Central Government to give its concurrence to lend the services of CBI and it was not
legally bound to obtain the concurrence of the State Government of Gujarat before requisitioning
the services of CBI for investigating the authenticity of the tapes of "Operation Kalank" and the
allegations contained therein. The concurrence of the State Government was requested as a matter
of courtesy only.
6.125 NHRC found the State Government's reservations concerning it's jurisdiction as untenable
and misplaced. Therefore, NHRC reiterated it's earlier decision to direct a CBI investigation and
also directed that the Government of India be asked to communicate its concurrence to lend the
services of CBI for investigating the authenticity of the tapes of the sting operation telecast by 'Aaj
Tak' under the caption "Operation Kalank" and the revelations made therein. The report of CBI is
awaited.
f)
Development-Induced Displacement
30.
Villagers Killed and Injured during Police Firing in Nandigram, West Bengal
(Case No. 725/25/12/2007-2008)
6.126 On the basis of newspaper reports dated 15 March 2007, the Commission took suo motu
cognizance of the incidents at Nandigarm in March, 2007. Later, Shri Sanjay Parikh, Advocate,
drew the attention of the Commission towards disturbed and volatile conditions, prevailing in
and around Nandigram, West Bengal from 6 November 2007 onwards through a petition. He also
forwarded to the Commission a message received from Smt. Medha Patekar and requested for
urgent intervention. The Commission took cognizance of the petition and the aforementioned
case was registered.
6.127 The Chief Secretary, Government of West Bengal was directed to submit a factual report
within ten days. A team from the Investigation Division of the Commission was also deputed to
visit the disturbed areas in Nandigram and examine the situation. The Secretary, Ministry of
Home Affairs, Government of India was simultaneously requested to take such steps as may be
necessary to retrieve the situation in Nandigram.
6.128 The Chief Secretary, Government of West Bengal submitted a report dated 3 December
2007 revealing that 560 houses were completely damaged and 399 houses were partially damaged
54 National Human Rights Commission