The Hindu : Notice to Government on appointment of SHRC members

Online edition of India's National Newspaper
Wednesday, Feb 04, 2004

Kerala

Kerala

Notice to Government on appointment of SHRC members

By Our Staff Reporter

KOCHI, FEB. 3 . A Division Bench of the Kerala High Court today issued notice to the State Government and two newly-appointed State Human Rights Commission (SHRC) members before admitting a writ petition filed by the Leader of the Opposition, V.S. Achuthanandan, challenging their appointments.

The Bench comprising the Acting Chief Justice, N.K. Sodhi, and Justice K.K. Dinesan also ordered deletion of the Governor, Sikander Bakht, the Chief Minister, A.K. Antony, and the National Human Rights Commission from the names of respondents. As for including the Governor as respondent, the Bench observed that it was true that the Governor had appointed Justice Mohankumar and S. Varghese as members of the State Human Rights Commission, "but, nevertheless, His Excellency acted in his capacity as the Governor of the State and cannot be made answerable to any court in exercise and performance of his duties." The deletion of the names of the other two respondents was ordered as the court found that they were not necessary parties in the petition. According to the Leader of the Opposition, the two members had been appointed overruling his objection at the meeting of the selection committee. Besides, an acting chairman could not be appointed without appointing permanent members. Though he had submitted a representation in this regard before the Governor, the Government had taken no action, he said.

When the petition came up, the Additional Advocate General while accepting notice on behalf of the State Government undertook that a counter affidavit would be filed within 10 days. The Bench then posted the petition to February 16 for further hearing.

Meanwhile, yet another petition was filed today before the court against the appointment of the two members. In his petition, Mr. Jomon Puthenpurackal, a social activist, sought a directive to the members to show cause under what authority they were holding the posts.

Directive to Coca-Cola

A Bench comprising Justice Cyriac Joseph and Justice K. Padmanabhan Nair today ordered that the water meters installed over the bore wells and open wells of the Palchimada plant of Coca-Cola be covered with boxes and the keys be kept by the Perumatty grama panchayat and a representative of the expert committee appointed by the High Court to investigate into the allegations against the company.

The court also directed the Government Pleader to make available the text of the statement made by the Minister for Water Resources, T.M. Jacob, before the Assembly on water scarcity and also the report based on which he made the statement.

Contempt petition closed

A Bench comprising Justice J.B. Koshy and Justice K. Thankappan today closed a contempt of court petition filed against the M.G. University Registrar in view of the submission that the NCTE had granted provisional recognition to the University's B.Ed. centres subject to certain conditions.

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