Headlines
SC moved against Kerala governor appointment as NHRC head
New Delhi, April 17
The Supreme Court is
likely to hear on Monday a plea by All India Bar Association (AIBA),
seeking to restrain the central government from the purported move to
appoint Kerala Governor Justice (retd) P. Sathasivam as the chairman of
the National Human Rights Commission.
The apex court bench of
Chief Justice H.L. Dattu and Justice Arun Mishra said they would look
into the papers before deciding on the hearing of the matter as senior
counsel B.B. Singh appearing for AIBA urged the court to hear the matter
on Monday, saying that senior consul Ram Jethmalani would appear.
The incumbent head of the NHRC, Justice (retd) K.G. Balakrishnan, is demitting office next month.
The
AIBA has sought direction to the central government "not to illegally
and arbitrarily consider the sole candidature of Justice Sathasivam for
the post of chairman, NHRC, without following the proper procedure" as
the "integrity of the esteemed institution will be at stake if the said
appointment is given effect to".
Referring to newspaper reports,
the AIBA in its petition has said the central government has already
obtained the consent of Kerala Governor Justice Sathasivam to be the
head of the national human rights body without considering other
eligible former chief justices of India, including Justice R.M. Lodha,
Justice Altamas Kabir and Justice S.H. Kapadia.
Failure to obtain
the consent of Justice Lodha, Justice Kabir and Justice Kapadia and
obtaining the consent of Justice Sathasivam only would render the
"selection process faulty and amenable to challenge".
The proper
procedure as laid down in the law for the appointment of the chairperson
of the NHRC was not being followed and the undue preference was being
given to Justice Sathasivam, the AIBA said in its petition.
The
petitioner association has contended that the appointment of Justice
Sathasivam as the NHRC head would bring conflict of interest as he being
the governor was a part of the executive arm and was no longer eligible
to be appointed chairperson of National Human Rights Commission.
"One cannot associate with politics/politicians and still possess the purity of a judge," the AIBA said in its petition.
The
AIBA has sought direction to the Centre to frame a transparent
selection procedure based on definite criteria, by setting up a search
committee which would invite nominations, including the option of taking
consent from all available former chief justices of India, before a
recommendation is made to the president to appoint the NHRC chairman.