Excelsior Correspondent
Srinagar, Oct 27: High Court today directed the State Government to appoint the Chairperson and members of State Human Rights Commission within a period of four weeks.
“We are of the firm view that petitioner has made out a case for issuing a writ mandamus directing 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”, directed the Division Bench of Chief Justice N Paul Vasanthakumar and Justice Hasnain Masoodi.
Court further made it clear that the time frame for appointment of SHRC head and its members shall be adhered to strictly as the Government has already taken stand previously in objections wherein it is said that the appointment of Chairman and members for the Commission is under active consideration of the Government.
Advocate General had also made a statement in the month of September before the court that immediately after the appointment of Chairman and members for State Accountability Commission, the meeting for selection of the Chairperson and the member of the SHRC shall also be convened.
“The respondent filed objections on 06.10.2015 by stating that the appointment of the Chairperson and members of the State Human Rights Commission is under active consideration of the Government. The time of four weeks granted by this Court had expired on 14.10.2015. Up to this date, according to the counsel for the petitioner, no meeting was convened to select the Chairperson and members of the Commission”, court reiterated in its judgment.
Underlining the powers and functions of the Commission under Sections 13, 14 and 15 of the Act, court said the State Government has failed in its obligation and duty which is cast upon it under the Act. “Court has to issue directions if there is inaction on part of the Government in carrying out the duty. The courts are duty bound to step-in and issue directions”, reads the order.
The PIL filed by the Jammu and Kashmir Peoples Forum said that the State Human Rights Commission has become non-functional from 29.06.2014 as the Government of Jammu and Kashmir has failed to appoint the Chairperson and members of the State Human Rights Commission for one reason or the other. The PIL sought direction to the State to take steps for making the appointment of Chairperson and four members of the J&K State Human Rights Commission.
The contention of the petitioner, which is a Non-Government Organization is that with an object of protection of Human Rights, that the State Legislature has enacted the Jammu and Kashmir Protection of Human Rights Act, 1997. As per the said 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.
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