Thursday, December 17, 2015

OSCPCR- A Commission against Judicial Decorum of the Country

OSCPCR- A Commission against Judicial Decorum of the Country

  • Odisha State Commission for Protection of Child Rights ( OSCPCR) did not allow the representative of a complainant to plead the case during the hearing.
  • Neither did the Commission give any reasons in support of her denial despite repeated appeals by the Complainant. As per the law, OSCPCR must give the reasons of her denial. 
  • Why OSCPCR is defiant of the judicial norm of the country, when the Supreme Court, High Court, Information Commission, Human Rights Commission, State Commission for women allow the representative of the petitioner/ complaint to plead the case. 
  • Is OSCPCR above the judicial decorum of the country?
  • Has the law empowered the OSCPCR to deny the representation of the Complainant? 
It needs to be publicly debated and discussed in the greater interest of protection of the rights of complainants fighting the case for justice.

Sri Prakash Ch. Nayak ( M-8763790311),  Complainant  had  filed  a  complaint  in OSCPCR  against  Takshila  School  ( also known as Bhubaneswar Model Public School in Records), N5/A, 1697, IRC Village, Bhubaneswar-751015 for alleged metal torture, physical harassment  and  expulsion  of   his son Srikant Auropratik  studying in Class-9    from  the school  by the  authority. After receipt of the complaint, the Commission has fixed   dt.12.12.15  for  hearing of the case.  Ms. Rajalaxmi Das, Member, OSCPCR took up the case. The  procedure followed  by the  Commission, denial of entry  of his wife to plead during  hearing  in favour of her son, and host of other issues relating to behaviour  of the Commission ( it will be disclosed later on) gave Sri Nayak very bad taste.  When the omission fixed another date i.e, 16.12.15, Sri Nayak  sent a letter in mail with request  to  allow  two persons Sri Pradip Pradhan and Smt. Sanjukta Panigrahi  to represent him to plead the case. Astonishingly, about two houses left  for  hearing, he received a telephonic  call  from OSCPCR office about  denial  of  representatives  during hearing.  When Sri Nayak wanted to know the reasons, there was no response from that side. Then he requested sent a mail citing the reasons about the denial. The response received from the office of OSCPCR took the plea that internet  was very slow and mail could not  go through.

Sri Nayak along with his wife and two representatives Sri Pradip Pradhan and Smt. Rajalaxmi Das   reached at OSCPCR to appear the hearing.   When the hearing is about to start, Sri Nayak requested the Commission to allow his representative to plead for him, as matter of right.  When Rajalaxmi Das, Member, OSCPCR denied the representation, he asked the reasons to be given in writing. The Commission neither cited any reason nor gave any written about it. She asked the parents to be present the hearing.

Astonishingly, the Commission has not  provided  proceedings of the hearing of the case.

The story does not end here, it is just beginning.

Pradip Pradhan, M-9937843482
Date- 17.12.15 

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