Appointment Of Justice Arun Mishra As NHRC Chairman Reflects Desire To Subvert Independent Regulatory Institutions: CJAR
The Campaign for Judicial Accountability and Reforms (CJAR) has issued a press note stating that appointment of Justice Arun Mishra, former Supreme Court Judge, as the Chief of National Human Rights Commission, reflects its disregard for human rights and its desire to subvert independent regulatory institutions of the country. Detailing the stance taken by the Judge on...
The Campaign for Judicial Accountability and Reforms (CJAR) has issued a press note stating that appointment of Justice Arun Mishra, former Supreme Court Judge, as the Chief of National Human Rights Commission, reflects its disregard for human rights and its desire to subvert independent regulatory institutions of the country.
Detailing the stance taken by the Judge on various high profile/ sensitive cases, the organziation remarked, "It cannot be said that there were no better people available for the choice of Chairman NHRC."
It expresses displeasure that Judges with "outstanding human rights records" such as Justice Madan Lokur, Justice Deepak Gupta, Justice Kurien Joseph, etc. were not considered for the position.
It has claimed that as a Judge, Justice Arun Mishra has a long history and proven track record of being insensitive to human rights and democratic norms and also a known propensity of siding with the government on all important issues affecting the government.
"He was widely known and regarded as the go-to judge for obtaining favorable judgments for this government… There have been volumes said and written detailing Justice Mishra's scant regard for human rights, democratic norms or even lack of judicial propriety and his propensity to side with the government," the body said criticizing the decision of a high-powered panel.
The letter recalls the Forest Dwellers case where a Bench led by Justice Mishra directed states to ensure the eviction of nearly one million persons from forestland whose claims under the Forest Rights Act have been rejected.
"Justice Arun Mishra's bench on hearing petitions from wildlife conversation groups, ordered the state government to evict forest dwellers whom he described as "illegal" and "encroachers", rejecting tribal claims on their forest lands. The order was based on the responses filed by the governments and forest dwellers were left undefended," the press note states.
Note: the order was later stayed by another Bench, also led by Justice Mishra.
The body has criticized Justice Mishra for dismissing the Sahara-Birla case seeking probe against Prime Minister Narendra Modi simply saying that "constitutional functionaries could not be subjected to investigation on the basis of loose papers". Similar objections are raised on judgment delivered by him upholding appointment of CVC KV Chowdary, saying that "such complaints cannot be taken on face value".
"In cases involving the judiciary and judicial corruption, Justice Arun Mishra's orders only sought to cover up and never ordered an investigation. In court, he was known for his lack of compassion and listening skills, which have compelled lawyers to walk out of his court, disturbed that their cases were never "heard". These skills are vital for someone presiding over an authority that considers violation of human rights of often the most marginalized and deprived sections of society," the organization said.
In reference to the sexual harassment case against Justice Ranjan Gogoi, the organization said, "Justice Arun Mishra was part of the bench in that extraordinary hearing that slandered the woman complainant and saw Justice Gogoi declare his innocence."
The statement also refers to the January 2018 press conference held by then four senior-most judges of the Supreme Court, denouncing the abuse of power of master of roster by Justice Mishra and assigning politically sensitive cases to judges favourable to the government.
"The reasons for the government wanting Justice Arun Mishra for this post are obvious," the organization said referring to Justice Mishra's unabashed praises on Prime Minister Modi by calling him a "versatile genius...who acts locally and thinks globally".
"Justice Mishra's appointment to this crucial institution, at a time when there is an unprecedented onslaught on human and democratic rights, is designed to make the NHRC into a totally moribund institution, which has been the governments design with several other democratic institutions, that have been systematically dismantled or misused for political purposes by hounding opposition, civil society and dissenting voices, such as the NIA, the Election Commission, CBI, RBI, the Enforcement Directorate, etc. His appointment signals the death knell for the protection and promotion of human rights, for which purpose the National Human Rights Commission was set up in India," the organization said.