Kerala
Plea against functioning of SHRC Acting Chairperson
Staff Reporter
the hindu. 6/7/06
http://www.hindu.com/2006/07/06/stories/2006070613320400.htm
Kochi: A writ petition was filed before the Kerala High Court seeking to restrain V.P Mohan Kumar from functioning as Acting Chairperson of the State Human Rights Commission.
The petition was filed by Jomon Puthenpurackal. According to him, the High Court had earlier restrained Mr. Mohan Kumar and S. Varghese from functioning as Chairperson and member respectively till a Chairperson and other members were appointed.
The court was prima facie of the view that the two members could not function as a Commission till all members, including its Chairperson, were appointed in terms of Section 21 of the Human Rights Protection Act.
When the State Government approached the Supreme Court, the High Court order was stayed and Mr. Mohan Kumar was allowed to continue as Acting Chairperson.
The Supreme Court had disposed of the appeal in view of the submission that the Government had promulgated an Ordinance regarding the qualification of the Chairperson.
The Ordinance empowered the Government to appoint retired High Court judges as Chairperson in case the retired Chief Justice was not available for appointment as Chairperson.
The Human Rights Protection Act provided for the appointment of a retired Chief Justice as Chairperson of the Commission.
The petitioner pointed out that since the Ordinance would lapse on July 5, Mr. Mohan Kumar could not continue as Acting Chairperson.
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"Ours is a battle not for wealth or for power.
It is a battle for freedom. It is a battle for the reclamation of human personality."
- Dr BR Ambedkar
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