‘Amazed’ T&AP HC Directs Andhra Pradesh Govt To Forthwith Constitute State Human Rights Commission [Read Order]

“We are amazed to hear that no appointment is made to the State Human Rights Commission of the State of Andhra Pradesh. lf such institutions do not work what would be at peril is the eligibility of humans to ask for human rights through duly constituted institutions.”

The High Court of Telangana and Andhra Pradesh has directed the State of Andhra Pradesh to forthwith constitute State Human Rights Commission.

We are amazed to hear that no appointment is made to the State Human Rights Commission of the State of Andhra Pradesh. lf such institutions do not work what would be at peril is the eligibility of humans to ask for human rights through duly constituted institutions, remarked the division bench comprising Chief Justice Thottathil B. Radhakrishnan and Justice S.V. Bhatt while hearing a writ petition filed by Saipu Ramakrishna.

Taking note that the Secretary of the Human Rights Commission was passing orders, the bench said that it was totally without jurisdiction and running contrary to the fundamental basic principles.

“We are told that the said Secretary has also retired. There is some officer at a still lower rank, who may be available. Assuming that such person also retires, it will be a situation where the last person in the office who is ordained to keep the lock and key of the office will also be empowered to discharge statutory functions. That will be the death knell of any such institution,” it said.

The bench said it may also consider whether any direction needs to be issued to solve the situation by ensuring that persons occupy the statutory posts in the Human Rights Commission.

The bench then posted the matter for further consideration on 2^nd January.