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| SHRC revival: HC directs personal appearance of Law Secy on July 12 | | | Early Times Report
Srinagar, July 5: The fresh recommendations to the Governor for appointment of chairperson and members of State Human Rights Commission are being made very shortly, the government informed J&K High Court which has ordered personal appearance of the Law Secretary before it on July 12.
Additional Advocate General M I Dar made the statement before a Division Bench of the Court comprising Chief Justice N Paul Vasanthakumar and Justice A M during a hearing of Public Interest Litigation.
The AAG produced a government order dated July 4, wherein it was stated that the process for selection/appointment of chairperson and members of the SHRC has already been initiated. "The meeting of the selection committee is being convened very shortly for making the necessary recommendations for the appointment of the chairperson and the members," the AAG said.
"The direction for the personal appearance issued by this court 1-6-2016 has not been compiled with and hence Law Secretary to appear in person alongwith implementation order and records on 12-7-2016," the division bench said.
On June 17, a high-level committee headed by Chief Minister Mehbooba Mufti had recommended to the state governor to appoint Justice (retd.) Imtiyaz Hussain and former Principal District and Sessions Judge, Jang Bahadur Singh Jamwal, respectively as chairman and members of the SHRC. However, the government withdrew the recommendations after it found that Justice (retd.) Imtiyaz Hussain was not eligible as the same was in contravention of the law that makes the chairperson and members of State Accountability Commission, ineligible for any assignment or appointment to be made by the Governor once their term with SHRC ends.
Among others, the SHRC is empowered to inquire, suo moto or on a petition presented to it by the victim or any person on this behalf, into complaint of violation of human rights or its abetment; or negligence in the prevention of the violation by a public servant. It can also intervene in any proceeding involving any allegation or violation of human rights pending before a court with the approval of such court and visit any jail or any other institution for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations.
"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, the Courts are duty bound to step-in and issue directions," the division 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 other retired member was Amlok Singh.
"More than two thousand cases are pending disposal without any iota of progress from the last one year thus prolonging the agony of thousands of complainants," the petitioner, secretary of an NGO, had said. |
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