- (1.) This writ petition has been filed for seeking the following directions: 1. To issue writ of mandamus/writ order to the Union of India to initiate judicial inquiry to get prove misbehaviour of Chairman of NHRC, K.G. Balakrishnan, to discharge its function under the Constitution, and 2. To issue writ of mandamus/writ order to the Union of India to perform their constitutional duty under Article 74 of Constitution to advice for presidential reference to get prove misbehaviour of the Chairman of NHRC, K.G. Balakrishnan, to discharge its function under constitution obligation, and 3. Be pleased to restrain the Chairman concerned K.G. Balakrishnan from holding/performing function as Chairman of NHRC during the pendency of the State investigation initiated upon criminal complaint filed in the State of Kerala and also during pendency of the judicial enquiry/ reference under Article 317 of the Constitution of India. 4. Pass such other order or further orders, as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(2.) Mr. M.L. Sharma, Petitioner-in-person, submits that in spite of the fact that a large number of persons/societies/ associations have raised a similar demand before the Central Government, no action has been taken. The Petitioner himself has visited Kerala and collected evidence to substantiate allegations against the present Chairman, NHRC and it is a fit case where this Court should exercise its extraordinary jurisdiction under Article 32 of the Constitution and grant the aforesaid relief(s).
(3.) Mr. M.L. Sharma, has submitted that provisions of Section 5(2) of the Protection of Human Rights Act, 1993, provide for the procedure for this purpose. Relevant part thereof reads: Resignation and removal of Chairperson and Members: 1..... 2. Subject to the provisions of Sub-section (3), the Chairperson or any Member shall only be removed from his office by order of the President of India on the ground of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or the Member, as the case may be, ought on any such ground to be removed. 3.....;