NATIONAL HUMAN RIGHTS COMMISSION 3.7 The statutory requirements relating to the qualifications of the Chairperson and Members of the Commission, as well as their selection by a high-level and politically-balanced Committee ensures a high degree of independence and credibility to the functioning of the NHRC. 3.8 The Chief Executive Officer of the Commission is the Secretary-General, an officer of the rank of Secretary to the Government of India. The Secretariat of the Commission works under the overall guidance of the Secretary-General. Powers Relating to Inquiries 3.9 The NHRC has been given all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, in particular in respect of summoning and enforcing the attendance of witnesses and examining them on oath; receiving evidence through affidavits; requisitioning any public record or copy thereof from any court or office; and any other matter that may be prescribed. In case of breach, it calls upon the concerned government to take remedial measures and pay compensation to the victim or to the next of their kin and also remind public servants of their duties and obligations. Depending on the case, it may further initiate proceedings for prosecution, or any other suitable action that it may deem fit, against the person(s) concerned. 3.10 Another important feature, which it fully utilizes, is suo motu cognizance of serious matters, which it takes on the basis of newspaper and media reports. Extensive Range of Functions 3.11 The Commission has a wide mandate. Its functions, as laid down in Section 12 of the PHRA, include: • Inquire, suo motu or on a petition presented to it by a victim or any person on his behalf or on a direction or order of any court, into complaint of (i) violation of human rights or abetment thereof; or (ii) negligence in the prevention of such violation, by a public servant. • Intervene in any proceeding involving any allegation of violation of human rights pending before a court, with the approval of such court. • Visit, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of inmates thereof and make recommendations thereon to the Government. Annual Report 2017-2018 37