Kerala HC sets aside appointment of Mohan Kumar as SHRC chairperson

Kochi, Jul 27 (UNI) The Kerala high court today set aside the appointment of Justice V P Mohan Kumar as chairperson of the State Human Rights Commission (SHRC).

A division bench comprising Chief Justice V K Bali and Justice M Ramachandran, held that a headless commission is not envisaged under the Human Rights Protection Act and therefore the commission shall not function without the appointment of a fresh chairperson.

However, the bench upheld the appointment of Js. Mohan Kumar and Prof. S Varghese as members of the Human Rights Commission.

While not prescribing any time frame, the court said it would be up to the government to appoint a new chairperson without delay.

The court issued the order while partly allowing two writ petitions, filed by Mr V S Achuthanandan, when he was the Leader of the Opposition, and Mr Jomon Puthenpurukkal, a human rights activist.

The court found that under the provisions of the Human Rights Protection Act, only a retired chief justice of the high court can be appointed as chairperson of the Human Rights Commission.

The government appointed Mr Mohan Kumar as the acting chairperson of the commission, as per a notification dated February 11, 2004.

Though the appointment was interdicted by the high court in March, 2004, the Supreme Court subsequently stayed the high court order and permitted Mr Mohan Kumar to continue in the post.

This was in view of the ordinance promulgated by the Kerala government, empowering it to appoint a retired judge as acting chairperson in the event of the services of a retired chief justice not being available.

The bench noticed that the said ordinance had lapsed on July five, 2006, and therefore, the continuance of Mr Mohan Kumar as chairperson was unauthorised.

UNI