SC asks Centre to fill up vacancies of NHRC

New Delhi: Expressing its strongest displeasure, the Supreme Court today asked the Union Government to fill up the vacancies of a Member and the Director General (DG) of Investigation in the National Human Rights Commission (NHRC) within six weeks. While hearing a Public Interest Litigation (PIL) filed by lawyer and social activist, Radhakanta Tripathy, a bench of the apex court, headed by Chief Justice of India (CJI) Tirath Singh Thakur, enquired from the Additional Solicitor General (ASG), Pinky Anand, why the Centre had not yet taken any satisfactory step to fill up the vacancies.

The ASG today filed a status report before the Court and read the same in it, and stated the reasons for delay. The apex court, however, found it as “wholly unsatisfactory”. The bench also enquired whether there was any advertisement for the Post of Member of the NHRC. The ASG said “no”. Then the bench asked, why such a position could not be kept in public domain. The ASG said she would seek instruction. To this, the petitioner, Tripathy, stated that the Process was not only non-transparent in nature but also did not follow the Paris Principles and till date not a single non-judicial member of the NHRC was a woman.

Even Justice Fateema Beebi was a judicial member. Section 3,1(d) if the Protection of Human Rights Act,1993 states about the appointment of the members. When the bench was not convinced by the status report and submissions by the Union, the ASG pushed the (Secret file noting) to the bench. After reading the file noting the bench observed, the name of one politician has been finalised for the post of a Member.

Observing the same in line with the Section 3,1(d) if the Protection of Human Rights Act,1993 the bench said, "Your mind is somewhere and heart is somewhere else”. Finally, when the bench was about to pass an order/direction to the Union, the ASG Prayed for six weeks time as a last resort. The bench kept the PIL for hearing in the last week of January,2016. (UNI)