SRINAGAR, June 1: A division bench of the state high court today allowed a state government's request and ordered the compliance of its last year's directive on revival of J&K State Human Rights Commission (SHRC) by Monday.
The bench of Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey said in default of the directions, law secretary would appear in person before the court on the next date of hearing, ie June 6.
The court had last year directed the government to appoint a chairperson and four members of the commission "strictly" before November 10, 2015.
"The time limit has to be strictly adhered to as the stand taken by the government in the objections filed on October 6, 2015 is that the appointment of SHRC chairperson and other members is under its active consideration," the bench had said.
"The powers and functions assigned to 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 government has failed in its obligation 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 government in carrying out its duty, the courts are duty bound to step-in and issue directions," the bench had said.
The SHRC was left defunct on June 28 last year when its two members, among them Rafiq Fida who was also serving as its acting chairperson, completed their term. The government had informed the court that it was facing difficulties in appointing the chairperson and members of SHRC in view of non-availability of eligible persons. The petitioner had said that the state was under a legal and constitutional obligation to take immediate steps for the constitution of SHRC consisting of one chairperson and four members. "More than two thousand cases are pending disposal without any iota of progress for the last one year thus prolonging the agony of thousands of complainants," the petitioner had said. |
