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| HC directs state to appoint SHRC chairman, members | | | Early Times Report
Jammu, Oct 27 : A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi today directed Secretary to Law and Parliamentary Affairs Department to appoint the chairperson and four members of the State Human Rights Commission (SHRC) within four weeks from today.
The court directive came in a PIL submitting that SHRC had become non-functional from June 29, 2014 as the state government had failed to appoint its chairperson and members. The bench, after hearing the two sides, observed that as per the Act, one chairperson and 4 members are to be selected by the committee consisting of the Chief Minister as Chairperson, Speaker of the Legislative Assembly, Chairman of the Legislative Council, Minister In-charge of Ministry of Home in the State, Leader of Opposition in the Legislative Assembly and Leader of Opposition in the Legislative Council as members. As per the Act, the Chairperson must be a sitting or retired Judge of the High Court and one member must be a sitting or retired Judge in the cadre of District Judges and three members must be persons having practical knowledge and experience in matters relating to the human rights.
The petitioner submitted that the Chairperson lastly served only up to 24.10.2011 and thereafter no Chairperson was appointed and the State Government designated senior members as Chairperson from time to time and the lastly appointed acting Chairperson also retired on 28.06.2014 and all the SHRC members also relinquished their respective office on completion of their tenure and it has become non-functional from 29.06.2014. The petitioner submitted various representations to the State Government to appoint the Chairperson and members of the Commission and copies of the representations dated 30.09.2014, 24.03.2015 and 15.05.2015 are filed, and no action being taken by the State Government, this writ petition is filed stating that due to non-functioning of SHRC, more than 2000 complaints of alleged HR violations are pending disposal and the litigants are left with option either to approach this Court or the Civil Courts instead of SHRC.
The bench observed that the State Government had 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 government in carrying out the obligation/duty, the Courts are duty bound to step-in and issue directions.The bench directed the respondents to appoint the Chairperson and four members of the J&K State Human Rights Commission within a period of four weeks from today so as to enable the Commission to function and dispose of complaints which are more than 2000 in number, as expeditiously as possible, to carry out the object and purpose of the Jammu and Kashmir Protection of Human Rights Act, 1997, i.e. for better protection of human rights and matters connected therewith or incidental thereto.
The bench observed that the time limit mentioned has to be strictly adhered to as the stand taken by the respondent in the objections filed on 06.10.2015 is that the appointment of SHRC Chairperson and members is under active consideration of the Government and the stand taken by the advocate general on 15.09.2015, that immediately after the Committee meeting to appoint the Chairman and members of the State Accountability Commission, the meeting for selection of the SHRC Chairperson and members shall also be convened.(JNF) |
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