The Gauhati High Court has granted one last opportunity of two months to Mizoram to set up the State Human Rights Commission as per the provisions of the Protection of Human Rights Act, 1993.
The Aizawl Division Bench of Chief Justice Vijay Bishnoi and Justice Michael Zothankhuma heard a Public Interest Litigation (PIL) filed by the petitioner organisation with a prayer to issue direction to the State of Mizoram to set up the State Human Rights Commission as per the provisions of the Protection of Human Rights Act, 1993.
The Court noted that the PIL is pending since 2021 and on every occasion, the State is coming with the response that the process for setting up the State Human Rights Commission is going on.
The Court, on several occasions, has taken note of the fact that the Supreme Court in Shri Dilip Kumar Basu Vs. State of West Bengal & Ors. [Judgment dated 24.07.2015 passed in CRL.M.P. No.16086/1997 in CRL.M.P. No.4201/1997] has directed the respective State Governments to set up State Human Rights Commission in every State. However, despite the specific directions by the Supreme Court, the State of Mizoram has failed to establish the State Human Rights Commission.
On 03.09.2024, an additional affidavit was filed on behalf of the Secretary to the Home Department, Government of Mizoram stating that the State Government is taking steps for establishment of Human Rights Commission and in that direction a proposal for creation of 29 posts was submitted to the Government of Mizoram, DP & AR (ARW) and out of these 29 proposed post, approval was accorded by the DP&AR (ARW) for new creation of 16 posts vide order dated 08.08.2024.
Further the Court noted that the sanction of posts is only on paper and till date, the State Human Rights Commission has not been constituted.
Taking into consideration the overall facts and circumstances of the case, the Bench is constrained to observe that the State Government is not willing to set up the State Human Rights Commission as per the provisions of the Act of 1993 and as per the directions given by the Supreme Court in Dilip Kumar Basu (supra).
“However, in the interest of justice, last opportunity of 2(two) months is granted to the State of Mizoram to set up the State Human Rights Commission as per the provisions of the Act of 1993 and as per the directions issued by the Hon’ble Supreme Court in Dilip Kumar Basu (supra), failing which, we will be forced to impose heavy cost upon the State of Mizoram and to initiate contempt proceedings against the State of Mizoram,” the order reads.