Y.K. Sabharwal, J. - (1.) National Human Rights Commission (NHRC) is a high-powered statutory body to act as an instrument for the protection and promotion of human rights. The credibility of such an institution depends upon high degree of public confidence. In the present case, the important question that has been raised is whether a former member of the Police force is eligible to become a member of NHRC.
(2.) NHRC has been set up under provisions of the Protection of Human Rights Act, 1993 (for short the Act). Its composition is provided in Section 3(2) of the Act. The question for consideration in this petition is about the interpretation of Section 3(2)(d), which stipulates that the Commission shall consist of two members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights. The fundamental question is whether a Police officer would fall in the category stipulated under this provision and is appointment of such a person consistent with the language of the section and the true intendment of the Act. For determining this fundamental question, it is necessary to note, in brief, the background relating to the concept of Human Rights, the provisions of the Act and the scheme thereof. First the facts which led to the filing of the petition may be briefly noticed.
(3.) A vacancy arose in NHRC in November 2003. It was in respect of the appointment to be made under Section 3(2)(d). The second respondent, a Police Officer, retired as Director of Central Bureau of Investigation (CBI) in December 2003. Every appointment is required to be made after obtaining the recommendations of a Committee as postulated by Section 4 of the Act. The notice was sent to the Committee members on 13th February, 2004, convening a meeting for 19th February, 2004. It seems that on 19th February, the Home Secretary spoke to the Joint Secretary to the Leader of Opposition who informed him that the Leader of Opposition in the House of the People would not be able to attend the meeting but she has conveyed her approval to recommendation of the name of respondent No. 2. Likewise, the Speaker of the House of People also expressed inability to attend the meeting but conveyed his approval to the appointment of respondent No. 2. Insofar as Leader of Opposition in the Council of States is concerned, his personal staff informed that being unwell and admitted in Hospital, he would not be able to attend the meeting. A meeting was held on 19th February, 2004 wherein it was decided to recommend the name of respondent No. 2 to be appointed as a member of the Commission. The Committee noticed that the Leader of Opposition in the House of People and the Speaker had both conveyed their approval for the said recommendation. Thus on 19th February, 2004, respondent No. 2 was selected to be appointed a Member of NHRC.;