CHANDIGARH, Oct 29: The Union Government has declared that the notices issued by the Punjab People's Commission to public servants in Punjab are `illegal' and have no force of law.This stand of the Union of India was put forth by the Punjab and Haryana High Court, as part of its reply in the case pertaining to challenging the setting up of the Punjab People's Commission.
The Union of India, as a party in the case, has also urged the court to take cognizance of the ``extra-constitutional nature of functions and activities of the Commission and restrain it from doing anything which may encroach upon the judicial function of the state''.
In its reply filed before a division bench of the court comprising Justices G S Singhvi and Iqbal Singh, which took up the Punjab People's Commission case here on Wednesday, the Union of India has also held that ``the activities of the Commission tends to encroach upon the judicial function of the state and have no force of law''.
It has also advised the stategovernment to ignore the notices sent by the Commission.
The Government has further held that though the matter essentially concerns the state of Punjab, it has taken note of the activities of the Commission and has sought a factual report and the views of the Punjab government in the matter. It would act appropriately if any action is warranted on its part on the basis of the report of the state government, the Union reply stated. The Punjab Government, also a party in the case, has still to file its reply.
The Union Government has further stated that since India had a strong and independent judicial system and institutions like the National Human Rights Commission, who are seized of the various allegations that have arisen out of the situation that prevailed in Punjab during the period of trans-border terrorism in the state, ``the People's Commission has absolutely no role to play other than assisting the judicial courts and the National Human Rights Commission in its capacity as a private initiative''.
The court adjourned the case to November 11, after it granted seven days' time to all the parties for filing their replies in the form of affidavits in the case.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.