Case Note & Summary
The writ petition was filed under Article 32 of the Constitution of India by the People's Union for Civil Liberties, challenging the appointment of a former Director of the Central Bureau of Investigation as a member of the National Human Rights Commission (NHRC). The petitioner argued that appointing someone from the police force contradicted the Protection of Human Rights Act, 1993, undermined the Commission's status, and violated Article 14 of the Constitution. The petitioner relied on the Paris Principles and U.N. Resolutions, asserting that such appointments should be avoided to maintain the Commission's integrity. The Union of India countered that the appointment was lawful, as the individual had significant experience in human rights matters and that the Act did not prohibit police officers from serving on the Commission. The court analyzed the statutory provisions and concluded that the Act's language did not exclude police officers, emphasizing that public perception could not dictate eligibility for appointment. The court dismissed the petition, affirming the legality of the appointment and stating that neither the Paris Principles nor U.N. Resolutions imposed binding obligations that would override the Act's provisions. The court also noted that the appointment process followed the statutory requirements, and the lack of consultation with the Commission's Chairperson did not invalidate the appointment. Ultimately, the court found no merit in the petitioner's claims and dismissed the writ petition.
Headnote
A) Constitutional Law - Appointment to Human Rights Commission - Legality of Appointment - Protection of Human Rights Act, 1993, Section 3(2)(d) - Court held that the Act does not exclude police officers from being appointed as members of the Commission, as long as they possess knowledge of or practical experience in human rights matters. The petitioner's argument regarding public perception and the Paris Principles was found unpersuasive, as the Act's language was clear and did not provide for such exclusion (Paras 1-7).
Issue of Consideration
Whether the appointment of a former police officer to the National Human Rights Commission violates the Protection of Human Rights Act, 1993 and international principles.
Final Decision
The Supreme Court dismissed the writ petition, affirming the legality of the appointment of the second respondent as a member of the NHRC under the Protection of Human Rights Act, 1993. The court held that the Act's provisions did not exclude police officers and that public perception could not dictate eligibility for appointment.
Law Points
- Article 32
- Protection of Human Rights Act
- 1993
- Section 3(2)(d)
- Paris Principles
- U.N. Resolution
- judicial review
- public perception
- statutory qualifications
