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DB directs constitution of SHRC within 4 weeks 10/27/2015 11:29:46 PM early times report Srinagar, Oct 27: Observing that government has failed in its duty cast upon it under the State Human Right Commission SHRC Act, a Division Bench (DB) of J&K High Court comprising Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi today directed state government to appoint chairperson and four members of the commission within four weeks. Hearing a Public Interest Litigation (PIL), the Division Bench (DB) of Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi observed that the time limit mentioned has to be strictly adhered to as the stand taken by the (government) in the objections filed on 06 October is that the appointment of chairperson and the members of the SHRC is under its active consideration. "The powers and functions assigned to the SHRC as well as the powers conferred to make enquiries, as contemplated under Section 14 of the Act and investigation under Section 15, we are of the view that the State Government has failed in its obligation/duty cast upon it under the Act and, therefore, this Court has to issue directions as it is a settled principle of law that if there is inaction on the part of the State Government in carrying out the obligation/duty, court said. As per petitioner, the SHRC was left defunct on June 28 last year when two members of SHRC including Rafiq Fida who was also serving as its acting chairperson, completed their term while other retired member was Amlok Singh. "Government had informed the court that it was facing difficulties in appointment of Chairperson and Members of the SHRC in view of non-availability of eligible persons, it added. Meanwhile petitioner has submitted to court that the state was under a legal and constitutional obligation to take immediate steps for the constitution of the SHRC and over two thousand cases are pending disposal without any iota of progress from the last one year.   Share This News with Your Friends on Social Network     Comment on this Story

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