M A I N   N E W S

Human rights panel flouted procedures, say members
T.R. Ramachandran
Tribune News Service

New Delhi, August 6
The National Commission for Scheduled Castes and Scheduled Tribes (NCSCST), the National Commission for Women (NCW) and the National Commission for Minorities (NCM) have taken exception to the National Human Rights Commission (NHRC) summarily approaching the Supreme Court on July 31 for a retrial of the Best Bakery case.

As “members” of the NHRC, the NCSCST, the NCW and the NCM believe that rather than being kept in the dark they should have been duly consulted while taking such a far-reaching decision of filing a special leave petition in the Supreme Court against the “miscarriage of justice” in the Best Bakery case.

The efforts of the chairperson of the NCSCST, the NCW and the NCM to meet the NHRC Chairman, Justice A.S. Anand, failed to materialise today.

Taken aback by the NHRC’s move to seek a retrial of the Best Bakery case, NCSCST Secretary R.M. Premkumar wrote on August 4 to the NHRC Secretary-General P.S.S. Thomas, stating that the Chairman of the NCSCST, Mr Vijay Sonkar Shastri, “would like to know why this issue (of moving the Supreme Court for a retrial of the Best Bakery case) was not brought to his notice as a member of the NHRC.”

Mr Premkumar’s brief letter states: “We have been given to understand that the NHRC has taken a decision to approach the Supreme Court in respect of the Best Bakery case in Gujarat. The Chairman of the NCSCST is a member of the NHRC. Since no proposal in this regard has come to the Chairman, we would like to know whether this decision has been taken at any meeting of the NHRC, and if so, the date of such a meeting and the details of the decision thereon may kindly be communicated to our office immediately. The Chairman of the NCSCST would also like to know as to why the issue was not brought to his notice as a member of the NHRC.”

Clearly, there is an element of disquiet in the NCSCST, the NCW and the NCM that the NHRC has side-stepped procedures in taking the decision to approach the Supreme Court for a retrial of the Best Bakery case. Besides, action has to be taken on the basis of majority opinion in case of any differences among the members.

The Protection of Human Rights Act, 1993, lays down the composition of the NHRC and its functions.

The NHRC consists of:

(a) A Chairperson who has been a Chief Justice of the Supreme Court;

(b) One member who is, or has been, a Judge of the Supreme Court;

(c) One member who is, or has been, the Chief Justice of a high court;

(d) Two members to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rights; and

(e) The chairpersons of the NCSCST, the NCW and the NCM shall be deemed to be members of the NHRC for the discharge of functions specified.

The specified functions relate to 10 aspects. It encompasses among other things inquiring suo motu or on a petition of violation of human rights or negligence in prevention of such violation, reviewing safeguards for protection of human rights, studying treaties and other international instruments on human rights, spreading human rights literacy and encouraging the effort of non-governmental organisations and institutions working in the field of human rights.

The procedure to be adopted by the NHRC is that the commission shall normally have its regular sittings in the first and third weeks of every month, except holidays. However, the Chairperson by himself or at the instance of one or more of the members may direct a special sitting of the commission to be convened to consider any matter of urgency.