Kerala - Thiruvananthapuram   

Governor's action on SHRC: Chandy's note plays vital role

Girish Menon

Wait for amendments to Central Act: Chandy

Thiruvananthapuram: Leader of the Opposition Oommen Chandy's letter played a significant role in Governor R.L. Bhatia's decision to return the files relating to the appointment of the Kerala Human Rights Commission chairperson.

Mr. Chandy had written to the Governor informing him about his opposition to the decision taken by the statutory committee for selecting a chairperson. He urged him to look into the legal aspects of the issue before taking a decision.

The State Government had recommended retired Chief Justice N. Dinakaran for the post of chairperson of the State Human Rights Commission. The Governor, according to reports, had sought certain clarifications, including the reasons for the Opposition leader's dissent to the proposal.

He pointed out that he had registered his dissent at the meeting on technical grounds, as he felt that the decision to appoint another person who has been a Chief Justice of a High Court as the chairperson was illegal and against Section 21 of the Protection of Human Rights Act 1993. Section 21 (2) of the Act, he said, permitted accommodation of only two judges of the High Court, including the Chief Justice of a High Court who is to be appointed as chairperson. At present, the commission had two persons in the category of judges from a High Court. If another person who has been a Chief Justice is appointed as chairperson, the total number of judges from the High Court would be three, which was against the provisions of the Act, he said.

Mr. Chandy pointed out that one of the commission members would have to be removed to accommodate a retired Chief Justice.

"But removal of a member was ruled out as Section 23 of the Act has provisions by which a member can be removed from office by order of the President of India on the ground of proved misbehaviour and incapacity after the Supreme Court,on reference being made to it by the President, has, on Inquiry held in accordance with the procedure prescribed in that behalf by the Supreme court, reported that the Chairperson or such other member as the case may be ought on any such ground be removed."

The question of removal does not arise in this case because no charges had been levelled against any incumbent member.

He also highlighted the new Central amendments to the Protection of Human Rights Act in relation to the constitution of the National Human Rights and State Human Rights Commissions fixing the strength of the commission and the qualification for chairperson.

Mr. Chandy asserted that the proposed amendments were in keeping with the Ordinance promulgated by the former UDF Government with similar provisions.

He also brought to the Governor's notice that the Rajya Sabha had already passed the amendment Bill and the Lok Sabha would consider it within a week.

He emphasised the point that it was very important for the State Government to wait for the result of Parliament procedures.

He also sought to highlight the fact that the former Government had brought in the Ordinance that had since lapsed, after getting the assent of the President and the Supreme Court. Hence, there was no need to increase the number of members in the present commission.

He informed the Governor that he did not have anything against the name proposed by the Chief Minister for the post of chairperson. But it would be better to await the outcome of Parliament decision in amending the Central Act.

He warned that the Government's hasty action in appointing a new chairperson would lead to further complications, throwing up technical and legal disputes.

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