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2018 DIGILAW 211 (GAU)

Tage Lapung v. State of Arunachal Pradesh

2018-02-02

AJIT BORTHAKUR

body2018
JUDGMENT : Ajit Borthakur, J. 1. Heard Mr. T.T. Tara, learned counsel for the petitioner. Also heard Mr. Kardak Ete, learned Senior Additional Advocate General, Arunachal Pradesh, assisted by Mr. Hage Laxmi, learned Government Advocate, appearing on behalf of State Respondents. 2. According to the petitioner, the brief facts of the case, in hand, is that the Protection of Human Rights Act, 1993, was enacted for better protection of human rights by constituting a National Human Rights Commission and also the State Human Rights Commissions and Human Rights Courts. Section 2(1)(d) of the Act defines "human rights" as the rights relating to life, liberty, equality, dignity of the individual guaranteed by the Constitution or embodied in the international covenants and enforceable by Courts in India. The above rights are traceable to Part-III of the Indian Constitution guaranteeing the fundamental rights and particularly Articles 14, 19, 20, 21 and 22 Sections 21 to 29 of Chapter-V of the Act deals with the constitution of State Human Rights Commission and its function thereto. According to the Act, the State Commission consists of a Chairperson who has been the Chief Justice of a High Court and four members. 3. It is the contention of the petitioners that the Apex Court in the case of D.K. Vasu V. State of West Bengal, reported in (2015) 8 SCC 744 , held that the State of Delhi, Himachal Pradesh, Mizoram, Arunachal Pradesh, Meghalaya, and Tripura within the period of six months from the date of judgment, shall set up the State Human Rights Commissions for their respective territories with or without resorting to the provisions of Section 21(6) of the Protections of Human Rights Act, 1993. However, the State of Arunachal Pradesh is yet to constitute the State Human Rights Commission and human rights Courts. 4. Situated thus, the petitioner has preferred this Public Interest Litigation under Article 226 of the Constitution of India, for a direction upon the State Government to setup/constitute the State Human Rights Commission and human rights Courts under Chapter-V, Section 21 of "The Protection of Human Rights Act, 1993, and in terms of the directions given by the Apex Court in the case of D.K. Basu (supra) within a period of 6(six) months. 5. In terms of this Court's order, dated 31.01.2018, Mr. 5. In terms of this Court's order, dated 31.01.2018, Mr. Ete, learned Senior Additional Advocate General, has placed before this Court, the relevant communication dated 1.2.2018, the Under Secretary, Department of Home, Government of Arunachal Pradesh, Itanagar. For better appreciation of the matter, at hand, the entire communication in the form of a Brief Note, is quoted hereunder: "Brief Note: The State Cabinet had in its meeting held on 11.08.2017 decided to set up the APSHRC in a time bound manner. It was further decided to create 30 posts at various levels as approved by the Empowered Committee of man the Commission relaxing the general measure in the interest of public service. Cabinet further decided to constitute a committee as provided under section 22(1) of the Committee as per Protection of Human Rights Act 1993 within 3 weeks time under the Chairmanship of Hon'ble Chief Minister. Lastly the Arunachal Pradesh State Human Rights Commission (Salaries, Allowances and other conditions of service of Chairperson and members) Rules 2017 were approved by the Cabinet. Steps have been initiated towards setting up of the Commission. With the clearance of the Administrative Reforms Department and the Empowered Committee regarding creation of 30 (thirty) posts of various categories for the proposed Commission, the proposal is under active consideration of the Government. Further, the Home Department vide Notification No. HMB(B)/77/96/Vol.I(Pt-I) Dtd. 13.10.2017 (copy enclosed) constituted a Committee consisting of the following for making recommendation for the appointment of Chairperson and Members of the Arunachal Pradesh State Human rights Commission. a) Shri Pema Khandu, HCM, Arunachal Pradesh Chairman b) Shri T.N. Thongdok, Hon'ble Speaker, A.P. Member c) Shri Kumar Wall, Hon'ble Minister incharge of Home department, Arunachal Pradesh Member d) Leader of the Opposition, legislative Assembly, A.P. Member The Arunachal Pradesh State Human Rights Commission (Salaries, Allowances and other conditions of service of Chairperson and Members) Rules 2018 are being notified shortly. Sd/- (Habung Lampung) Under Secretary (Home-B) Government of Arunachal Pradesh Itanagar". By referring to the above-quoted document, Mr. Tara, learned counsel for the petitioner, submits that he has no objection if the proceedings in the instant PIL is closed as most of the grievances of the petitioner in this case, seems to have been adequately redressed by the authorities concerned. 6. By referring to the above-quoted document, Mr. Tara, learned counsel for the petitioner, submits that he has no objection if the proceedings in the instant PIL is closed as most of the grievances of the petitioner in this case, seems to have been adequately redressed by the authorities concerned. 6. In view of the above submissions and taking into consideration, the stand taken by the respondent authorities as reflected in the Communication/Brief Note, dated 1.2.2018, the instant PIL stands closed and accordingly disposed of. The Brief Note, referred to above, is kept as a part of the record.