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PUCL Bulletin,
December 2001
Appointments
to Bihar State Human Rights Commission are politically motivated
It has been learnt from reports appearing in the media that the State
government is insisting on the appointment of Mr. U.P. Sinha, retired
Chief Justice as the Chairperson of the Commission in spite of the objection
of the leader of the Opposition and your returning the recommendation
for reconsideration.
Without casting any aspersion on the integrity of Mr. U.P. Singh, we are
firmly of the opinion that a chief justice who joined the RJD and fought
election on its ticket for Lok Sabha is not fit to hold the office of
the Chairperson of the State Human Rights Commission because he would
not enjoy anybody's confidence. The people are bound to feel that a Chief
Justice so impatient to seek office as not to hesitate in joining a political
party soon after retirement is least likely to stand up to the government
of the party, he is so beholden. A Chief Justice who joins a political
party immediately after retirement to seek election and failing to get
elected seeks another office with the support of the ruling party does
not inspire any confidence, which must be a prerequisite for holding the
office he is so desperately seeking. Any man of honour and integrity would
have withdrawn his name following the objection of the leader of Opposition
and your refusal to appoint him.
Two members are to be appointed from amongst persons having knowledge
of, or practical experience in matters relating to human rights. It is
reported that some police officers have been recommended for appointment
under this category. As an exception some sensitive police officers may
qualify to be appointed, but as a rule they do not unless having knowledge
of and experience in matters relating to human rights also includes knowledge
and experience of their violation.
We would also like to contest the position of the Government that the
recommendation of the Committee is binding because it is the view of the
majority. Under section 22(1) of the Protection of Human Rights Act 1993,
the Governor does not have power to appoint the Chairperson and members
of the Commission without obtaining the recommendation of the Committee
as mentioned under the same section, but at the same time he is not bound
to accept the recommendation of the committee. Has it been the intention
of Parliament to have a Commission of the choice of the Government it
would have empowered the Council of Ministers to make the recommendation
instead of providing for a separate committee with Leaders of Opposition
in it.
We urge you to ensure that the hapless state is not saddled with a Human
Rights Commission, which protects rather than punish the violators of
human rights.
-- PRABHAKAR
SINHA -- National Vice President; RAMCHANDRA LAL DAS - President, Bihar;
KISHORI DAS - General Secretary; ASHUTOSH KUMAR - Secretary & Vice
President elect; DAISY NARAIN - Secretary elect' SUDHA VERGESE -- Vice
President.
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