Supreme Court Dismisses Plea Seeking Intervention To Ensure That NHRC Runs With Full Strength

Taking note of former apex court judge Justice Arun Mishra's appointment as Chairman of NHRC, the bench of Justices LN Rao and BR Gavai in their order observed that,

"In view of the appointment of chairman and other members, this writ petition has become infructuous. Dismissed."

Appearing as petitioner in person, Advocate Radhakanta Tripathy during the course of the hearing had submitted that although the chairperson and members were appointed, 2 posts were still lying vacant.

Justice LN Rao, the presiding judge of the bench at this juncture orally remarked, "Chairman has been appointed. Why should we keep the matter pending. It has become infructuous."

Claiming that it was for the first time in the history of the National Human Rights Commission's (NHRC) since its inception, the apex human rights watchdog of the country was running without its full strength, Tripathy in his plea had pointed out that the vacancies of Chairperson, two members and Director General of Investigation of National Human Rights Commission as required under Protection of Human Rights Act, 1993 as amended in 2019.

"The NHRC has become handicapped due to the inaction of the government. The negligence, failure and inaction of the Respondents in filling up the vacancies in the NHRC violate Article 14 and 21 of the Constitution of India," the petition had stated.

Tripathy in his plea had averred that "The Commission cannot function without its Chairperson, members and Director General of Investigation."

The petitioner had contended that Section 3 of the Protection of Human Rights Act, 1993 as amended in 2019 prescribed the Constitution of a National Human Rights Commission with a Chairperson and five other members and Section 11 of the Act prescribed for the appointment of a Director-General of Investigation. Section 7 of the Act prescribed the appointment of an Acting Chairperson in the absence of Chairperson.

"A new post for membership has been created by the Amendment of the Protection of Human Rights Act in 2019. The post of Director-General of Investigation has been lying vacant since May 2020, after the retirement of Prabhat Singh, IPS, who retired as Director General (Investigation) in the NHRC," the petition had said.

It was also his contention that the non-appointment of a Chairperson, two members, and Director General of Investigation in the NHRC had made it handicapped and dysfunctional in the eyes of law.

Case Title: Radhakanta Tripathy v. Union of India