The Supreme Court said the jurisdiction exercised by the NHRC was of special nature not covered by enactment or law under which it was constituted, but pursuant to the directions issued by the apex court, and thus acts sui generis. The apex court ruling would enable the NHRC to probe the matter even after expiry of limitation period of one year.

On a petition filed by the Union Government seeking clarification regarding the apex court's request to the NHRC to examine the mass cremation of 2097 bodies by Punjab Police, a Division Bench comprising Justices Saghir Ahmad and Rajendra Babu said here yesterday that the NHRC would act in aid of the court in exercise of its power under Article 32 of the Constitution.

Referring to the CentralGovernment's objections about NHRC's jurisdiction to probe the case with reference to its statutory obligations and limitations, the judges said that the court has chosen to exercise its power under Article 32 of the Constitution through NHRC in this matter and ``it cannot be said that a new jurisdiction is conferred on the NHRC.''

The government had pointed out that under the Protection of Human Rights Act, 1993 the Commission is prohibited from inquiring into any matter after the expiry of one year from the date on which the act constituting violation of human rights is said to have been committed.

However, the apex court said that ``if this court can exercise the power unaffected by the prohibition contained in the Section 36 (2), there is no reason why the Commission, at the request of this court, cannot investigate or look into the violation of human rights even though the period of limitation indicated in Section 36 (2) might have expired.''