The Manipur High Court has given the state government 10-days time to either appoint a regular Chairman or make an interim arrangement, so as to ensure that the Manipur State Human Rights Commission becomes functional.
The Division Bench of Chief Justice Sanjay Kumar and Justice A Bimol Singh passed the orders on a Public Interest Litigation (PIL) seeking filling of vacancies in the Manipur State Human Rights Commission.
Lenin Hijam, Advocate General, Manipur, stated that an additional affidavit has been filed, in terms of the earlier order, furnishing details of the advertisements issued by the State Government for the purpose of filling up vacancies in the Manipur State Human Rights Commission.
He also produced a copy of the letter dated 09.12.2022 received from the Legal Officer, Government of Manipur, stating that 3(three) applications were received in response to the advertisement dated 09.12.2022.
He further stated that no decision has been taken by the State Government with regard to making an interim arrangement under Section 21 (6) of the Protection of Human Rights Act, 1993, to fill up the post of Chairman.
Lenin , however, admits that in terms of the judgment rendered by the Supreme Court, the said post has to be filled up, at the latest, within 3 months from the day the vacancy arose. Presently, the vacancy in the post of Chairman, Manipur Human Rights Commission, arose on 01.09.2022, upon the incumbent demitting office on 31.08.2022. Therefore, the period of 3 months is also long over.
However, the State Government is still in the process of gathering applications and does not seem inclined to make any interim arrangement at the moment, the Court observed.
It further observed that the International Human Rights Day was celebrated recently in Manipur and it was reported widely in the newspapers that many persons have complaints in relation to violation of human rights but are left without a remedy, owing to the State Human Rights Commission being non-functional since September, 2022.
The High Court gave one last opportunity to the State Government to take measures to ensure that the Manipur State Human Rights Commission is made functional at least by the next date of hearing, be it by appointing a regular Chairman or by way of an interim arrangement.
“In the event the State Government fails to take steps in that regard, this Court would be left with no option but to entertain complaints regarding violation of human rights from aggrieved persons in the form of writ petitions and this Court would have to deal with the same in a timely manner. It would be for the State Government and the office of the learned Advocate General, Manipur, to ensure that necessary steps are taken to facilitate such timely disposal in all such cases,” the order read.
Matter is listed for January 13 for further hearing.