Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1993-Section 3(2)(d)-National Human Rights Commission-Members-Eligibility of Police Officer to be appointed Protection of Human Rights Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | Protection of Human Rights Act, 1993-Section 3(2)(d)-National Human Rights Commission-Members-Eligibility of Police Officer to be appointed as Member-Held: Per Sabharwal, J.-Not eligible-Per Dharmadhikari, J ยท"-Eligible-In view of difference of opinion, matter referred to a larger Bench. One post of Member in the National Human Rights Commission (NHRC) fell vacant. Respondent No.2, retired Director of Central Bureau of Investigation (CBI) was recommended for the post. The appointment was required to be made after obtaining the recommendations of a Committee. When a meeting was fixed, the Committee members informed their inability to attend the meeting but conveyed their approval to recommendation of the name of respondent No. 2. Thereafter, respondent No.2 was appointed a Member of NHRC. His appointment is under challenge on the ground that a Police Officer is not eligible to be member of such body in view of clear language of Section 3(1)(d) and the true intent of the Act, its scheme as also from the very concept which gave birth to protection of Human Rights; and that recommendation was in breach of established norm of consultation with Chairman of NHRC. Respondent No. 1 contended that respondent 2 has adequate knowledge and practical experience in matters relating to human rights, qualifying him for appointment to Commission; that Respondent No. 2 during his tenure as a Police officer had investigated cases such as Punjab Massacre case and Gujarat Riot cases which involved serious violation of human rights; and that he is also the Vice-President (Asia) of Interpol, an international police organization in which capacity, he is involved in developing mechanisms for police cooperation in investigation and prosecution of crimes across borders including terrorism, human safety and human trafficking, which are all offences against human rights. |
Judge | Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2005 INSC 35 |
Petitioner | People`s Union For Civil Liberties |
Respondent | Union Of India And Anr. |
SCR | [2005] 1 S.C.R. 494 |
Judgement Date | 2005-01-18 |
Case Number | 105 |
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