During the hearing, the Thoothukudi Police argued that the NHRC has no power of review or to re-open such investigation. It further said that the Commission of Inquiry headed by Justice Aruna Jagadesan had already considered the issue and its report had been already tabled in the State Assembly in 2022. The police argued that the NHRC cannot inquire into any matter which is pending before, or has been inquired into by a State Commission or any other commission duly constituted under any law.
Tiphagne, however, argued that as per Regulation 32(b) of the National Human Rights Commission (Procedure) Amendment Regulations 1997, if any application seeking modification or review of an order or proceedings passed by the Commission is received, the same shall as far as possible be placed before the same bench which made the order. He thus argued that the NHRC could look into its own orders.
Source: Barandbench
