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THE KARNATAKA GOVERNMENT HAS KEPT KSHRC HEAD LESS “CAN APPOINT ANY HIGH COURT RETIRED CHIEF JUSTICE”

 
 
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THE KARNATAKA GOVERNMENT HAS KEPT KSHRC HEAD LESS “CAN APPOINT ANY HIGH COURT RETIRED CHIEF JUSTICE”
by System Administrator - Friday, 5 February 2016, 11:44 PM
 
By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: SC raps Rajasthan Government for not appointing chairman of state human rights panel for 5 years. Keeping vacant chairman post for very long is “very sad state of affairs” and “totally unacceptable” to people of Karnataka ...“Justice S R Bannurmath presently heading MSHRC and can be brought back to Karnataka by Government as someone else is available to head MSHRC . He is the third Chairperson of the Maharashtra State Human Rights Commission, having succeeded Justice Arvind Sawant and Justice Kshitij Vyas. Karnataka .If state government recommend Justice Bannurmath's name to governor and once Governor appoint him he will resign and come back to Karnataka if he is invited by Government of Karnataka.Justice S R Bannurmath Born on 23rd January, 1948 at Dharwad in Karnataka. Enrolled as an advocate in the year 1973. Initially practised on both Civil and Criminal sides in the trial courts at Belgaum. Later shifted practice to Karnataka High Court. Dealt with all types of cases including Constitutional, Civil and Criminal matters. Had been the State Public Prosecutor and Government Advocate for seven years. Sworn-in as Additional Judge of the High Court of Karnataka in 1997 and as permanent Judge on 03-06-1999. Was the Chairman of the Karnataka Judicial Academy, President of the Bangalore Mediation Centre and the Chairman of the Computer Committee. Was Sworn-in as Chief Justice of the High Court of Kerala on 18-03-2009. Supreme Court of India in Shri Dilip K. Basu vs State Of West Bengal & Ors on 24 July, 2015 has stated in its order that “The Commissions are meant to be watch dogs for the protection of the human rights of the citizens and effective instruments for redressal of grievances and grant of relief wherever necessary. Denial of access to the mechanism conceptualised under the Act by reason of non filling up of the vacancies directly affects the rights of the citizens and becomes non functional. It is in that spirit that we deem it fit and proper to direct that all vacancies against the post of Chairperson and Members of the State Human Rights Commission shall be filled up by the concerned State Governments as expeditiously as possible but, in any case, within a period of three months from the date of this order. We only hope and trust that we shall be spared the unpleasant task of initiating action against the defaulting State in case the needful is not done within the time allotted. We also recommend to the State Governments that since the dates on which vacancies are scheduled to occur are known well in advance, (save and except where an incumbent dies in office) the process for appointment of the incumbents against such vacancies should be initiated well in time in future so that no post remains vacant in any State Human Rights Commission for a period or unfilled for any period for more than three months from the date the vacancy arises.” SC raps Rajasthan Govt for not appointing chairman of state human rights panel for 5 years: The Supreme Court recently slammed the Rajasthan government for not appointing chairman of the State Human Rights Commission, a position lying vacant for the last five years since 2010. The apex court described it as a “very sad state of affairs” and “totally unacceptable”.“We are distressed that the state Human Rights Commission has been without the services of the Chairman since 2010 – that is almost five years,” said the apex court social justice bench of Justice Madan B. Lokur and Justice Uday Umesh Lalit.“We are distressed to note the state Human Rights Commission has been without the services of the chairperson since 16.7.2010 – that is almost five years. (It is) totally unacceptable and subverts the provisions of the Protection of Human Rights Act, 1993,” the court said in its order.Having chided the Rajasthan government for not appointing the chairman of the Rajasthan State Human Rights Commission, the court also took exception to the absence of human rights courts in the state both at the state level and the district level.“What do you mean by the right person? All the Chief Justices of the High Court are right persons,” Justice Lokur said as senior counsel Mahavir Singh, appearing for the Rajasthan government, told the court that it could not spot a “right person” to be appointed as the chairman, Rajasthan State Human Rights Commission.The court also noted the “tremendous staff shortage” at the commission, saying that commission members cannot work because they do not get staff.“They (commission members) don’t get staff. They can’t work,” the court said, giving Rajastan three weeks to tell the court the time-frame in which all the deficiencies as pointed out would be “remedied”. Not appointing chairman or acting chairman has crippling effect on the efficacy of the Karnataka State Human Rights Commission (SHRC). Headless after Justice S R Nayak demitted the office, the SHRC is functioning with two members and one police officer of the rank of inspector-general of police and two deputy superintendents of police along with a handful of subordinate-level policemen and this is telling on its complaints' disposal rate. Human rights activists have expressed disappointment that the Karnataka State Human Rights Commission (KSHRC) had become a headless organisation without a chairperson in the last Two years and six months. “The selection process for a new chairperson should have started long back, before the completion of the previous chairperson’s tenure. The governor and the chief minister and law minister should immediately complete the process of appointing a chairperson.”Justice Malimath has reportedly had said, ideally, a person from Karnataka should be appointed the chairperson of the commission. He said a local person would understand human rights violation problems better. Despite having a Commission in place and the United Nations convention to protect human rights, the number of cases of violations was increasing.