Gauhati High Court: The present writ petition was filed by petitioner, Zofa Welfare Organization (‘ZWO’), Mizoram, praying to issue direction to the State of Mizoram to set up the State Human Rights Commission (‘SHRC’) as per the provisions of the Protection of Human Rights Act, 1993 (‘the 1993 Act’). The Division Bench of Vijay Bishnoi*, CJ., and Michael Zothankhuma, J., in the interest of justice, granted last opportunity of two months to the State of Mizoram to set up SHRC as per the provisions of the 1993 Act and as per the directions issued by the Supreme Court in D.K. Basu v. State of W.B., (2015) 8 SCC 744 (‘D.K. Basu Case’).
The Court noted that the present petition was pending since 2021 and every time the State contended that the process for setting up SHRC was going on.
The Court relied on D.K. Basu Case (supra), wherein the Supreme Court had directed respective State Governments to set up SHRC in every State. The Court stated that however, despite the specific directions by the Supreme Court, the State of Mizoram failed to establish SHRC.
The Court noted that on 03-09-2024, an affidavit was filed stating that State Government was taking steps for establishment of Human Rights Commission and in that direction a proposal for creation of 29 posts was submitted to the Government of Mizoram, Dept. of Personnel and Administrative Reforms (‘DP & AR’) (ARW) and out of these 29 proposed posts, approval was accorded by the DP & AR (ARW) for new creation of 16 posts vide order dated 08-08-2024. The Court stated that the sanction of posts was only on paper and till date, SHRC had not been constituted.
The Court observed that the State Government was not willing to set up SHRC as per the provisions of the 1993 Act and as per the directions given by the Supreme Court in D.K. Basu Case (supra). However, the Court, in the interest of justice, granted last opportunity of two months to the State of Mizoram to set up SHRC as per the provisions of the 1993 Act and as per the directions issued by the Supreme Court in D.K. Basu Case (supra), failing which, the Court would impose heavy cost upon the State of Mizoram and to initiate contempt proceedings against the State of Mizoram.
The matter would next be listed after ten weeks from the date of this order.
[Zofa Welfare Organization, Mizoram v. State of Mizoram, 2024 SCC OnLine Gau 1509, decided on 06-09-2024]
*Judgment authored by: Chief Justice Vijay Bishnoi
Advocates who appeared in this case :
For the Petitioner: Rosalynn L. Hmar, Advocate.
For the Respondents: H. Lalmalsawmi, Government Advocate, Mizoram; Zairemsangpuii, Central Government Counsel.