Gauhati High Court Questions Arunachal Pradesh Govt Over Non-Constitution, Proper Functioning Of State Human Rights Commission

The Gauhati High Court at Itanagar on Thursday (January 30) asked the State of Arunachal Pradesh why it had not constituted the Arunachal Pradesh State Human Rights Commission as per section 21 of the Protection of Human Rights Act, 1993. The division bench comprising Justice Kalyan Rai Surana and Justice Mridul Kumar Kalita was hearing a PIL on the issue, during the hearing of which, the Counsel for the petitioner submitted that despite the issuance of notice in this PIL by order dated May 24, 2022, the Arunachal Pradesh State Human Rights Commission (APSHRC) is still not properly functioning as there is only one Member at present in the said commission. The petitioner's Counsel further argued that why there is a necessity of maintaining a Human Rights Commission if the Government has no intention to fill it up to its full strength.While granting adjournment on the request of the Government Advocate, the Court put the following queries before the State Government:Why the State of Arunachal Pradesh has not constituted the Arunachal Pradesh State Human Rights Commission as per the prescription of section 21 of the Protection of Human Rights Act, 1993? As to whether at any point of time since the establishment of the Arunachal Pradesh State Human Rights Commission, if had functioned properly with its full strength?Has the State cleared the dues of the past Chairman and the superannuated staff of the Arunachal Pradesh State Human Rights Commission?Whether the current salary and other office expenses are being duly paid and/or made available to the Arunachal Pradesh State Human Rights Commission?In the absence of proper functioning of Arunachal Pradesh State Human Rights Commission, is the provision of Section 28 of the Protection of Human Rights Act, 1993 been complied with?Whether any Special Public Prosecutor has been appointed for the Arunachal Pradesh State Human Rights Commission in accordance with Section 31 of the said Act?Whether the State Govt. has constituted a Special Investigation Team in accordance with the provision of section 37 of the Protection of Human Rights Act, 1993?The Court directed the Chief Secretary, Government of Arunachal Pradesh, to ensure an affidavit, responding to the above-mentioned queries to be filed by a concerned officer, not below the rank of a Joint Secretary at least 2 days prior to the next date of listing. The matter is listed again on February 24. Case Title: Tarh Gambo v. The State of Arunachal Pradesh & 2 Ors. Case No.: PIL/12/2022Click Here To Read Order

Gauhati High Court Questions Arunachal Pradesh Govt Over Non-Constitution, Proper Functioning Of State Human Rights Commission

Udit Singh

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