Amend law on appointing NHRC chief, court tells government
November 25th, 2009 - 5:47 pm ICT by IANSNew Delhi, Nov 25 (IANS) The Delhi High Court Wednesday asked the government to amend the law in order to appoint a chairman of the National Human Rights Commission (NHRC) - a post that has been lying vacant since May 31 this year.
A bench comprising Chief Justice Ajit Prakash Shah and Justice S. Muralidhar asked Additional Solicitor General (ASG) A.S. Chandhiok to amend the law so that the post can be filled as soon as possible. It posted the matter to Dec 16.
According to rules, the NHRC is to be headed by a retired chief justice of India. But the court wants the law to be amended so that even retired judges of the apex court can be appointed to the post.
“Six months have already passed and nothing has been done. Our intention is to have a full fledged chairman or else the entire system will collapse,” observed the bench.
Chandhiok informed the court that the government is under the process of amending the law.
The petition filed by Centre for Public Interest Litigation, an NGO, claimed there are two retired chief justices of India eligible for the post, but the government is reluctant to appoint them.
“Non-appointment of chairperson in accordance with the Act (Protection of Human Rights Act, 1993) in such a situation despite the presence of two eligible candidates is arbitrary, unreasonable and in violation of principles enshrined in Article 14 of the constitution,” advocate Prashant Bhushan said.
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Tags: ajit, apex court, article 14, bhushan, chief court, chief justice of india, chief justices, delhi high court, eligible candidates, entire system, general asg, human rights act, human rights act 1993, human rights commission, national human rights commission, nhrc, prakash shah, prashant, public interest litigation, solicitor general