File Photo: AAP Leader Somnath Bharti
The Delhi High Court will hear on December 22, Somnath Bharti's plea challenging the NHRC order holding him guilty of "racial prejudice and unlawful acts" against 12 African women during his controversial midnight raid early this year.
Justice VK Shali today refused to hear the matter as the counsel for the Delhi Government did not appear owing to the strike by lawyers of the High Court.
The matter was transferred to the bench after Justice Manmohan, before whom the case was listed, recused himself yesterday.
The plea, filed through advocate Deepak Khosla, has claimed that Bharti was not given any notice of certain proceedings initiated by National Human Rights Commission (NHRC) 'suo motu' in January 2014, in which he was prejudicially viewed by the commission as the wrongdoer and was also not given any opportunity of being heard.
It has also said NHRC had prematurely directed the Delhi Government to pay Rs 25,000 compensation each to the 12 women, who had allegedly suffered racial abuse, illegal detention, intimidation, abuse, assault and indignity by the Aam Aadmi Party (AAP) leader.
"A writ of certiorari is prayed for from this court, so that the records of NHRC may be certified as being either correct or incorrect, and if incorrect, to declare the order as a "nullity" in law, and in such event, to quash and set it aside, as it is null and void," it has said.
The plea has questioned whether NHRC has the jurisdiction to award compensation based on mere 'prima facie' findings, without taking the proceedings before it to their full logical conclusion.